Contracts Division[TJ1]

Secondary RFP

Model

[For procurements to obtain personal or consultant

services valued at $10,000 or more.]

Department of Health Care Services

Contracts Division Publication

August 2021 Version

How to learn about the Secondary RFP process	Carefully read this bid model as it contains important information about the RFP procurement process. Use of this bid model is optional for programs that have a statutory exemption from the competitive bidding requirements of the Public Contract Code (PCC).  When preparing an exempt bid, it is desirable to include contents that are similar to those of a regular RFP.
Updates to the Secondary RFP model and User Guide	CD will provide the most up-to-date RFP model to the requesting program after an initial kick-off meeting regarding project specifics. To the extent possible, instruction changes will be noted.  It is not possible to show actual changes made to bid text.
About this model	This model contains: · Easy to understand Proposer instructions. · Detailed completion instructions in non-bold [bracketed type]. Using this bid model will: · Shorten bid preparation time · Establish a consistent bid format · Reduce the likelihood of protests · Allow program staff to concentrate on developing the scope of             work.
How to use this model	Follow the instructions below and those in the model. 1. Fill-in all areas containing [bracketed type]. 2. Do not change fillable text color areas until after CD approves the final draft. 3. Do not alter any RFP section title or “Heading style”. 4. Do not change the order of any bidder instructions/information. 5. Do not delete any portion of the bidder instructions unless the model instructions allow for deletions or provide alternate text option. 6. After reading and following the instructions, delete the program instructions that appear in [colored type]. 7. Proof all data inserted into the RFP by program staff.  Make sure the data is accurate, properly formatted, grammatically correct, and free of typographical errors. 8. Update the Table of Contents pagination by following the instructions in the next section. 9. Proof each RFP draft for content accuracy, formatting, and grammatical errors.  Correct all errors before emailing each draft to CD for review. 10. Email the finalized RFP with all attachments for approval to CD’s email box.

How to revise Table of Contents (TOC) pagination	After completing all fill-in sections and removing colored program instructions, update the page numbers in the Table of Contents (TOC).  Do the following to update the page numbers: Highlight or select all or a portion of the shaded Table of Contents. Press “F9” and select “Update Page Numbers Only”.
How to revise entries in the Table of Contents	If the TOC is updated as instructed and the pagination is still incorrect, do the following. 1. Re-highlight and/or select all or a portion of the Table of Contents. 2. Press the “F9” key. 3. Select “Update entire Table” or “Update all field codes”. Do not paginate RFP Attachments, Appendix items, or Sample Contract Forms/Exhibits.
About the TOC	The RFP TOC was created using Heading styles.  What this means is that the text that appears in the TOC was assigned a heading style of “Heading 1, 2, 3, or 4” instead of being assigned as “Normal” text.  The text style assigned to a portion of text in a document appears in the formatting toolbar near the top of a word document in an area before the Font type and size.  Generally, the word “Normal” will appear on the formatting toolbar unless a unique text style was assigned to specific text. If a paragraph heading style is accidentally removed, the text of that heading will not appear in the TOC when it is updated.  To add or reinstate a paragraph heading so that it appears in the TOC, place the cursor at the appropriate insertion point, use the drop down arrow to the right of the word “Normal” to select a heading style (i.e., 1-4), then enter the desired text.  The heading styles used in this RFP are shown in the next section.  Use Heading styles 1, 2, 3, and/or 4 depending on the physical alignment of the paragraph heading that is added.  After inserting the heading text, press “enter” to go to the next line, and change the text style back to “Normal” for subsequent text entries.  When all heading text has been added, update the TOC as instructed above.  Contact CD if difficulty is encountered in following these instructions.

RFP “Paragraph” labeling structure	CD used the labeling structure shown below throughout this RFP.  CD did not use the automatic “Outline Number” feature available in Word.  Therefore, when text is added to an RFP section (i.e., Scope of Work) follow the format shown below.
	Alphabetic or Numeric label	Indention	Hanging Indent
	A.  Heading 1	0	.50”
	1.  Heading 2	.50”	.75”
	a.  Heading 3	.75”	1.0”
	1)  Heading 4	1.0”	1.25”
	a)	1.25”	1.50”
	i. (Roman numeral)	1.50”	1.75”
	A.	1.75”	2.0”
	1.	2.0”	2.25”
Who to contact for help in using the model	Contact CD if assistance is needed to use this bid model.

Name of Funding Program, MS XXXX, P.O. Box #, City, CA Zip

Phone: (XXX) XXX-XXXX

Internet Address: www.dhcs.ca.gov

[Except where specified do not modify the letter below.]

[Insert date]

Notice to Prospective Proposers

The California Department of Health Care Services (DHCS) invites prospective proposers to review and respond to the attached Request for Proposal (RFP) # [XX-XXXXX], [Project Name]. When preparing and submitting a proposal, compliance with the instructions found herein is imperative.

Interested parties can obtain the link to view and download the RFP on the Contracts Division (CD) website.

If a discrepancy occurs between the information in the advertisement appearing in the California State Contracts Register and the information herein, the information in this notice and in the attached RFP shall take precedence.  [Delete this statement If a waiver from CSCR advertising was obtained from DGS or if the program developing the bid document is PCC exempt and an ad was not placed in the CSCR.]All agreements entered into with the State of California will include, by reference, General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services’ (DGS) standard contract language page.

I. Proposal Submission Deadline

Regardless of postmark or method of delivery, the DHCS Contracts Division (CD) must receive proposal packages no later than 4:00 p.m. Pacific Time (PT) on [Insert Proposal Submission Deadline Date]. Refer to the attached RFP for detailed submission requirements.

II. [“Voluntary” or “Mandatory”] Non-Binding Letter of Intent

Option 1 - [Use this option for if no Letter of Intent will be requested.]

If no Letter of Intent will be requested, delete this item entirely and remove the Letter of Intent instructions from the RFP and remove the Letter of Intent form from this bid forms document.

Option 2 - [Use this option for “Mandatory” Letters of Intent.]

In this procurement, prospective proposers are required to submit a non-binding Letter of Intent.  See the attached RFP for detailed Letter of Intent submission instructions.

Option 3 - [Use this option for “Voluntary” Letters of Intent.]

In this procurement, prospective proposers are asked to voluntarily submit a non-binding Letter of Intent. See the attached RFP for detailed Letter of Intent submission instructions.

III. Request for Inclusion on the Distribution List

Interested parties who would like to receive continued information and further updates are highly encouraged to submit a completed Request for Inclusion on the Distribution List, Attachment [XX]. Refer to the attached RFP for detailed submission instructions. Only organizations that return this attachment will be included on the distribution list when the release of the RFP is announced. Interested parties should also continue to monitor the CD website for any updates.

IV. Disabled Veteran Business Enterprise (DVBE) participation requirements

Option 1 – DVBE Waiver

[Use Option 1 if CD grants a DVBE waiver prior to RFP finalization.  Review DHCS CD Bulletin 03-16 and/or contact DHCS’ DVBE Advocate at SB-DVBE.Advocate@dhcs.ca.gov to request a waiver from DVBE participation requirements.

The Department of Health Care Services has exempted this procurement from Disabled Veteran Business Enterprise (DVBE) participation requirements. However, voluntary participation is encouraged and an incentive will be applied as described in the RFP Main, Preference and Incentive Programs.

Option 2 – DVBE Requirements

[Use Option 2 if CD did not grant a DVBE waiver for this procurement prior to RFP finalization.

Proposers must achieve full DVBE participation either by virtue of the prime contractor being a certified DVBE that performs all or the amount of required DVBE participation set forth in this solicitation or by subcontracting out a portion of the work equal to the DVBE participation percentage set in this solicitation (i.e., .5% to 3%).  DVBE participation requirements are 100% pass/fail.  A proposer that fails to achieve the specified DVBE % must be disqualified and is ineligible to receive the contract award.

If no proposals are received or no proposers fully meet the DVBE participation requirements, then the service must be re-bid and DVBE participation can be waived in the subsequent solicitation.  A DVBE waiver can also be sought from CD in advance of releasing a solicitation by following the instructions in DHCS CD Bulletin 03-16.  Additionally, DVBE participation may be waived after an RFP is released by issuing an addendum announcing the requirement waiver to all persons that downloaded and/or received the RFP.

To complete the paragraph below, enter an applicable DVBE percentage amount in place of the [X].  If assistance is needed to set the participation level, contact your Program’s assigned house counsel.]

California Law requires Disabled Veteran Business Enterprise (DVBE) participation in service contracts.  DHCS policies require DVBE participation on all contracts exceeding $10,000. This solicitation is subject to a [X]% participation requirement. Prospective proposers may need four weeks or more to meet this requirement; therefore it is advisable to begin this process promptly. Out-of-state firms must comply with California’s DVBE participation requirements.

V. Funding Limit

[It is optional to specify a maximum funding limit when going out to bid.  Failure to indicate a dollar limit may result in bids that far exceed the amount of available funds.  Bidders, as a general rule, want to offer their best services, and in doing so, may offer a “luxury” service when the funding Program can only afford a standard service. If a funding Program chooses not to specify a dollar limit and all bids exceed the amount of available funds, the funding Program will be required to cancel the procurement and go back out to bid. If approval for a longer base term or optional extensions is obtained from DGS, include funding limits in the statement below and in advertised funding limit of the CSCR ad (Std. 815).]

Option 1 - [Use this option for single year agreements (i.e., 7/1/12 through 6/30/13).]

A maximum of $XXX,XXX is anticipated to be made available to obtain the services described in the attached RFP.

Option 2 - [Use this option for multi-year agreements (i.e., 7/1/12 through 6/30/14).  If approval for a longer base term or optional extensions is obtained from DGS, include funding limits in the statement below and in advertised funding limit of the CSCR ad (Std. 815).]

Funding for these services is anticipated be limited to the following amounts:

A. $XXX,XXX for the budget period of XX/XX/XX through XX/XX/XX.

B. $XXX,XXX for the budget period of XX/XX/XX through XX/XX/XX.

C. $XXX,XXX for the entire contract term.

Limitation of State Liability

Payment for performance under the resulting contract may be dependent upon the availability of future appropriations by the State Legislature or Congress for the purposes of the resulting contract. No legal liability on the part of the State for any payment may arise under the resulting contract until funds are made available through an annual appropriation and the Contractor is notified accordingly. If a contract is executed before ascertaining available funding and funding does not become available, DHCS will cancel the contract.

Funding Reductions in Subsequent Budget Years

If a contract is executed and full funding does not become available for the second or a subsequent state fiscal year, DHCS will either cancel the contract or amend it to reflect reduced funding and reduced activities. Continuation of services beyond the first state fiscal year is also subject to the Contractor’s successful performance. Without prior DHCS authorization, contractors may not expend funds set aside for one budget period in a subsequent budget period.

VI. Proposer Questions

In the opinion of DHCS this RFP is complete and without need of explanation. However, it is the prospective proposers’ responsibility to request clarification, if needed, regarding the services sought; or if questions arise about the RFP and/or its accompanying materials, instructions or requirements, or if conflicting information is presented. 

To ensure inquiries are fully considered, adhere to the instructions in the RFP Main, Proposer Questions section regarding question submissions.

Thank you for your interest in our Department’s service needs.

Sincerely,

[Enter Program Manager’s name and title]

Attachment

Request for Proposal #[XX-XXXXX]

[Project Name]

Department of Health Care Services

Contracts Division

MS Code 4200

1501 Capitol Avenue

P. O. Box 997413

Sacramento, CA 95814

Table of Contents

A. Official Means of Communication............................................................................................ 15

B. Sole Point of Contact and Address......................................................................................... 15

C. Submission of Proposals and Other Related Documents................................................... 15

1. For Hand Delivery/Courier Service Delivery.................................................................... 15

2. For United States Postal Service Delivery....................................................................... 16

1. Email Delivery....................................................................................................................... 16

D. Purpose, Background and Description of Services.............................................................. 16

1. Purpose.................................................................................................................................. 16

2. Program Background........................................................................................................... 17

3. Activity-Specific Background.............................................................................................. 17

E. Time Schedule............................................................................................................................ 17

F. Contract Term............................................................................................................................. 20

G. Proposer Questions................................................................................................................... 21

1. What to include in an inquiry.............................................................................................. 21

2. Question deadline................................................................................................................ 22

3. How to submit questions..................................................................................................... 23

4. Verbal questions................................................................................................................... 23

H. Data Library................................................................................................................................. 23

I. Pre-Proposal [Conference] [Teleconference] [Webinar]...................................................... 28

J. Reasonable Accommodations................................................................................................. 30

K. Request for Inclusion on Distribution List............................................................................... 31

L. [Voluntary] [Mandatory] Non-Binding Letter of Intent........................................................... 31

1. General information............................................................................................................. 31

2. Submitting the [Voluntary] [Mandatory] Letter of Intent................................................. 32

M. Scope of Work............................................................................................................................ 32

N. Qualification Requirements....................................................................................................... 32

1. Experience requirements.................................................................................................... 33

2. Compliance with Contract Terms and Conditions........................................................... 33

3. Eligibility to Perform Business in California...................................................................... 33

4. Non-Profit / Tax-Exempt Organization Status................................................................. 34

5. Financial Stability – Minimum Financial Criteria.............................................................. 34

6. Follow-on Consultant Contract Disclosure....................................................................... 37

7. Disabled Veteran Business Enterprise Participation Requirements............................ 37

8. Darfur Contracting Act Certification................................................................................... 38

9. Iran Contracting Act Certification....................................................................................... 38

10. California Civil Rights Laws Certification.......................................................................... 38

11. Attestations............................................................................................................................ 39

12. Certification Clauses............................................................................................................ 39

13. Liability Insurance Requirement......................................................................................... 41

14. Indirect Cost Containment.................................................................................................. 42

15. Conflict of Interest Compliance Certification.................................................................... 42

16. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000......................................................................... 43

17. Other Program Qualification Requirements..................................................................... 44

O. General Submission Instructions............................................................................................. 44

1. Proposers Must Adhere to All of the Following Instructions.......................................... 44

2. Proof of Timely Receipt....................................................................................................... 46

3. Proposer Costs..................................................................................................................... 46

P. Narrative Proposal Submission, Format and Content Requirements................................ 46

Q. Cost Proposal Submission, Format and Content Requirements........................................ 67

Option 1 – (When utilizing cost proposal bid sheets).............................................. 70

a. Bid Sheet Instructions.................................................................................................... 70

b. Cost Proposal Transmittal Letter................................................................................. 70

c. Cost Proposal Attachments.......................................................................................... 71

Option 2 –  When utilizing a 5-line budget, include the following language..... 75

R. Escrow Bid Documents [Include this section only if Escrow Bid Documents are included in the procurement. Make certain to include a provision in Exhibit E, Additional Provisions for the EBDs and to include an Exhibit E in the RFP.] 87

S. Evaluation and Selection........................................................................................................... 87

Option 1 [Include the following language if using Cost Proposal Bid Sheets and if CD staff perform the evaluation.] 87

Option 2 [Include the following language if utilizing a 5-line budget.]................................ 96

T. Evaluation Questions.............................................................................................................. 103

U. Narrative/Technical Proposal Rating Factors...................................................................... 103

V. Proposal Requirements and Information............................................................................. 110

1. Non-responsive/non-responsible proposals.................................................................. 110

2. Proposal modifications after submission........................................................................ 111

3. Withdrawal and/or Resubmission of Proposals............................................................ 111

a. Withdrawal deadlines.................................................................................................. 111

b. Submitting a withdrawal request................................................................................ 111

c. Resubmitting a proposal............................................................................................. 112

4. Contract Award and Protests [If program is not PCC exempt] Appeals [If program is PCC exempt] 112

a. Contract award............................................................................................................. 112

b. Settlement of Ties........................................................................................................ 112

c. Protests.......................................................................................................................... 113

1) Who can protest..................................................................................................... 113

2) Grounds for protests.............................................................................................. 113

3) Protest time lines.................................................................................................... 113

4) Submitting a protest............................................................................................... 114

5) Protest process...................................................................................................... 115

d. Appeals.......................................................................................................................... 115

1) Who can appeal..................................................................................................... 115

2) Grounds for appeals.............................................................................................. 116

3) Appeal time lines.................................................................................................... 116

4) Submitting an appeal............................................................................................. 116

5) Appeal process....................................................................................................... 117

5. Disposition of proposals.................................................................................................... 117

6. Inspecting or Obtaining Copies of Proposals................................................................ 118

a. Who can inspect or copy proposal materials........................................................... 118

b. What can be inspected and/or copied and when.................................................... 118

c. How to obtain proposal materials for inspection or copying................................. 119

7. Verification of Proposer information................................................................................ 119

8. DHCS rights........................................................................................................................ 119

a. RFP corrections............................................................................................................ 119

b. Collecting information from proposers...................................................................... 121

c. Immaterial proposal defects....................................................................................... 122

d. Correction of clerical or mathematical errors........................................................... 122

e. Right to remedy errors................................................................................................ 122

f. No contract award or RFP cancellation.................................................................... 122

g. Contract amendments after award............................................................................ 123

h. Full Funding.................................................................................................................. 123

i. Proposed use of subcontractors and/or consultants.............................................. 123

j. Staffing changes after contract award...................................................................... 123

W. Bidding Certification Clauses................................................................................................. 123

X. Preference and Incentive Programs..................................................................................... 123

1. Small Business / Microbusiness Preference................................................................. 123

2. Non-Small Business Subcontractor Preference........................................................... 124

3. Non-profit Veteran Service Agency Small Business Preference............................... 125

4. Disabled Veteran Business Enterprise Incentive.......................................................... 125

a. Disabled Veteran Business Enterprise Participation and Incentive Requirement 125

b. Application of the DVBE Incentive........................................................................ 127

c. DVBE Incentive Scale............................................................................................... 127

5. Target Area Contract Preference Act (TACPA)............................................................ 128

6. Combined preferences...................................................................................................... 129

7. Commercially Useful Function......................................................................................... 129

Y. Contract Terms and Conditions............................................................................................. 130

Loss Leader Clause........................................................................................................... 131

1.   131

2. Other Terms and Conditions............................................................................................ 131

3. Sample contract forms / exhibits..................................................................................... 132

4. Unanticipated tasks........................................................................................................... 134

5. Resolution of language conflicts (RFP vs. final Contract)........................................... 135

Required Attachments

[Follow these rules when preparing the RFP:

· Do not alter the assigned attachment numbers. CD did not assign numbers to some optional RFP forms and attachments; therefore assign sequential numbers to each RFP Attachment listed in this RFP section.

· Do not paginate the RFP attachments.

· Unless otherwise instructed within the model, do not add more attachments.

· Do not change the order of the attachments listed below.]

Attachment #	Attachment Name [Unless otherwise indicated below, use the forms included in CD’s bid model forms document and follow the applicable instructions.] [Confirm that the order and names of attachments below are identical to the tables included in the Main below.]
Attachment 1	Proposal Cover Page
Attachment 2a	Narrative Proposal Required Attachment / Certification Checklist
Attachment 2b	Cost Proposal Required Attachment / Certification Checklist
Attachment 3	Client References
Attachment 4	RFP Clause Certification
Attachment 5	CCC 04/2017 – Certification
Attachment 6a	STD 204 - Payee Data Record
Attachment 6b	STD 205 – Payee Data Record Supplement
Attachment 7	Follow-on Consultant Contract Disclosure
Attachment 8	Disabled Veteran Business Enterprise Instructions / Forms
Attachment 8a	Disabled Veteran Business Enterprise Participation
Attachment 8b	Disabled Veteran Business Enterprise Declarations
Attachment 9	Darfur Contracting Act Certification
Attachment 10	Iran Contracting Act Certification
Attachment 11	Non-Small Business Subcontractor Preference Instructions
Attachment 11a	Non-Small Business Subcontractor Preference Request
Attachment 11b	Small Business Subcontractor/Supplier Acknowledgment
Attachment 12	Target Area Contract Preference Act (TACPA) Request [Conditionally applicable - Download the Std. 830 at: the DGS forms site.Delete this form if any part of the work location is pre-set by the funding Program and stated in the SOW or if the lowest cost offered cannot possibly equal or exceed $100,000.]
Attachment 12a	Bidder’s Summary of Contract Activities and Labor Hours [Conditionally applicable – Include this if TACPA (and Attachment 12) is applicable and services are being procured with this RFP. Delete otherwise. Download the DGS PD 526 at the DGS forms site.]
Attachment 12b	Manufacturer’s Summary of Contract Activities and Labor Hours [Conditionally applicable – Include this if TACPA (and Attachment 12) is applicable and goods are being procured with this RFP. Delete otherwise. Download the DGS PD 526 at the DGS forms site.]
Attachment 13	California Civil Rights Laws Certification – [Download the form at the DGS forms site.]
Attachment [XX]	Request for Inclusion on Distribution List
Attachment [XX]	[Voluntary] [Mandatory] Letter of Intent [Optional - The type of Letter of Intent identified here must match the instructions in the Letter of Intent section.]
Attachment [XX]	Conflict of Interest Compliance Certificate
Attachment [XX]	Evaluation Questions [Include if Evaluation Questions are not included in the Main document itself]
Attachment [XX]	Proposer Response Guide
Attachment [XX]	Bidder Declaration [GSPD-05-105 (EST 8/05)]
Attachment [XX]	Work Plan [Optional – Include if using a 5-Line budget. If needed, develop this form using CD’s template as a guide or insert an existing Program form that will capture essential Work Plan details. Title this form “Work Plan” as opposed to Scope of Work. See CD’s Work Plan template included in the RFP Forms document. If desirable, the winning response’s work plan can be added to the final contract as an attachment to the Scope of Work. Assign a sequential number to this form.]
Attachment [XX]	Cost Proposal form [Include if using a 5-Line budget. Develop this form. Use the Cost Proposal Form template in the RFP forms document as a guide and modify it as necessary. Assign a sequential number to this form.]
Attachment [XX]	Budget Detail Work Sheet (Year 1) [Optional – Include if using a 5-Line budget. Use CD’s budget detail work sheet template or develop a unique form for program use. The costs captured on the Budget Detail Work Sheet form (any year) must match the budget expense descriptions placed in Section [P.4.a.6)] of the RFP. If an alternate program form is used, it may be necessary to alter the form or the budget expense descriptions in the cited RFP Section so that the content of the form corresponds with data in the RFP. Delete the reference to (Year 1) if the agreement will not be multi-year. Assign a sequential number to this form.]
Attachment [XX]	Subcontractor Budgets (Year 1) [Optional – Include if using a 5-Line budget. Use CD’s template to capture subcontractor’s budget information.
Attachment [XX]	Budget Detail Work Sheet (Year 2) [Optional – Include if using a 5-Line budget. - See instructions for (Year 1). Delete this entire row if the resulting agreement will not be multi-year. Assign a sequential number to this form.]
Attachment [XX]	Subcontractor Budgets (Year 2) [Optional – Include if using a 5-Line budget. - See instructions for (Year 1). Delete this entire row if the agreement will not be multi-year. Assign a sequential number to this form.]
Attachment [XX]	Budget Detail Work Sheet (Year 3) [Optional – Include if using a 5-Line budget. - See instructions for (Year 1). Delete this entire row if the agreement will not be multi-year or if DGS approval for a term longer than 2 years is not obtained. Assign a sequential number to this form.]
Attachment [XX]	Subcontractor Budgets (Year 3) [Optional – Include if using a 5-Line budget. - See instructions for (Year 1). Delete this entire row if the agreement will not be multi-year or if DGS approval for a term longer than 2 years is not obtained.  Assign a sequential number to this form.]

Sample Contract Forms / Exhibits

[Retain the order and alphabetic labels assigned to each exhibit. Do not paginate the items shown in this section. Delete the optional exhibits that do not apply to the procurement. If necessary, add program exhibits to the bottom of the list shown.]

Exhibit #	Exhibit Name
Exhibit A1	Standard Agreement [Insert a blank STD 213 that is labeled Exhibit A1.] [Download this form at: https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.]
Exhibit A	Scope of Work [Develop this exhibit by following the format and content in the applicable CD contract model (i.e., Personal or Consultant service).]
Exhibit A, Attachment I	Work Plan [For smaller projects include the winning Proposer’s work plan, if applicable] [For larger projects, the successful narrative and cost proposal will be incorporated into the contract via Exhibit E] [Include additional Exhibit A attachments as necessary.]
Exhibit B	Budget Detail and Payment Provisions [Develop this exhibit by following the applicable contract model (i.e., Personal or Consultant service) for possible contract language.]
Exhibit C – View on-line.	General Terms and Conditions (GTC 04/2017).  View or download at this Internet site: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language
Exhibit D(X)	Special Terms and Conditions [Insert – Exhibit “D(C)” (for state funded Personal or Consultant services) or “D(F)” (for full or partial federally funded Personal or Consultant services).]
Exhibit E	Additional Provisions Develop this exhibit by following the applicable contract model (i.e., Personal or Consultant service). At a minimum, this exhibit must contain provisions for an amendment and a cancellation clause.]
Exhibit E, Attachment 1	Escrow Bid Documents Certification [Include this attachment if Escrow Bid Documents are incorporated into the procurement]
Exhibit [XX]	Contractor’s Release [Download the DHCS 2352 on the CD G: Drive]
Exhibit [XX]	Disabled Veterans Business Enterprise Prime Contractor’s Disabled Veterans Business Enterprise Subcontracting Report & Instructions Conditionally applicable - Download the DHCS 2350 on the CD G: Drive. [Include this form (DHCS 2350) if any amount of DVBE participation is required. Provision #19 of GTC 04/2017 instructs contractors to report their actual DVBE use to the funding agency within 60 days of receipt of final payment.]
Exhibit [XX]	Travel Reimbursement Information [Conditionally applicable – Download the travel form on the CD G: Drive] [Include this exhibit if the program expects travel costs to be reimbursed to the contractor]
Exhibit [XX]	Health Insurance Portability and Accountability Act Business Associate Addendum [Conditionally applicable – Include this exhibit only when it applies to the services being procured. Follow this link for the latest information about DHCS’ HIPAA BAA exhibit. Download the HIPAA Business Associate Addendum version from the CD G: Drive]
Exhibit [XX]	Information Confidentiality and Security Requirements [Conditionally applicable – Include when personal, confidential, or sensitive information will be accessible, used, or exchanged, during the course of performance and such data is in need of protection. Only use with approval from DHCS’s Privacy Office. Otherwise, only the HIPAA BAA should be used. Download the latest ICSR exhibit from the CD G: Drive]
Exhibit [XX]	Staffing [Include if Program wants it]
Exhibit [XX]	Acronyms and Glossary [Include if Program wants it]
Exhibit [XX]	ARRA Terms and Conditions[A2] [TJ3] [Conditionally required – Review CMU Notice 09-03 for more information.  Download and retain the ARRA terms and conditions exhibit ONLY if the agreement will be funded in whole or part by American Recovery and Reinvestment Act (ARRA) or stimulus funds. Contact your Budget Office to determine if ARRA funds will be used.]
Exhibit [XX]	Placeholder for Resumes [To be extracted from Contractor’s response and reformatted] [Include for smaller projects]

Program Appendices

[Optional – If there are specific program appendices to attach to the RFP, list each item below.  Assign a number to each item.

Delete this entire section if there are no program appendices to attach to the RFP.

Only include items that will assist proposers to understand the Program and the SOW.  Appendix items can include data library forms and instructions, driving or parking instructions to locate the Program’s office, definitions (unless they will become part of the resulting contract), copies of legislation, regulations, illustrations of required report formats, Program brochures, literature, or samples of marketing materials, etc.]

Appendix #	Appendix Name
Appendix 1.0	Data Library Instructions [Include for larger projects and all projects that include a Data Library within the procurement]
Appendix 1.1	Data Library Index
Appendix 1.2	Request for Data Library Material [Include for larger projects and all projects that include a Data Library within the procurement]
Appendix 1.3	Data Library Security and Confidentiality Agreement [Include for larger projects and all projects that include a Data Library within the procurement]
Appendix 1.4	Data Library Media Destruction Agreement [Include for larger projects and all projects that include a Data Library within the procurement]
Appendix 2.0	[Enter name/title of appendix item.]

[If numerous resource materials will be made available to proposers and their bulk precludes attachment to the RFP, it may be wise to set up a Data Library that contains items that proposers may view by appointment or obtain by written request.]

A. Official Means of Communication

1. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

2. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

B. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

C. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

1. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

a. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

b. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

c. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

2. For United States Postal Service Delivery

a. All documents mailed to DHCS must adhere to the directions provided in this RFP.

b. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

3. Email Delivery

a. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

b. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

4. Email Delivery

a. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

b. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

c. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

D. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

1. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

2. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

3. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

E. Time Schedule[A4]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

F. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

G. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

1. What to include in an inquiry

a. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

b. A description of the subject or issue in question or discrepancy found, and the remedy sought.

c. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

d. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

2. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

a. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

b. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

a. DVBE participation requirements and how to complete the DVBE attachments.

b. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

3. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

4. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

H. Data Library

1. Data Library

a. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

2. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

3. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ5] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

i. Appendix 1.2 – Request for Data Library Material

a) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

4. Updates to the Data Library Material

a. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

b. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

c. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

5. Disclaimer

a. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

b. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

c. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

d. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

I. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

1. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

2. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

J. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

K. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

L. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

1. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

2. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

M. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

N. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

1. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

a. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

b. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

c. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

d. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

e. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

f. [Example -- Systems Requirements]

g. [Example – Licensing Requirements]

2. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

3. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

4. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

5. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

a. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

b. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

1) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

a) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

b) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

c) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

d) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

e) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

c. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

1) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

2) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

3) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

4) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ6] [TJ7]

d. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

e. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

6. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

7. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

8. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

9. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

10. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

2) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

11. Attestations

Proposers must provide the following:

a. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

b. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

c. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

12. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

a. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

b. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

c. Certificate of Independent Price Determination

1) The prospective proposer certifies that:

a) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

b) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

c) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

d. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

2) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

4) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

13. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

14. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

15. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

a. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

b. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

a. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

b. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

c. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

d. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

16. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

a. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

a) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

b. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

c. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

17. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

O. General Proposal Submission Instructions

1. Proposers Must Adhere to All of the Following Instructions

a. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

b. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

c. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

d. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

e. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ8] [TJ9]

f.

g. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

h. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

i. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

j. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

k. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

l.

m. Proposals may not be transmitted electronically by fax.

2. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

a. DHCS is not accepting printed copies of proposals.

b. All emailed proposals will be dated and time stamped upon receipt at DHCS.

c. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

a. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

b. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

3. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

P. Narrative Proposal Submission, Format and Content Requirements[TJ10] [TJ11]

1. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

a. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ12]

a. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

2. Submission Requirements

a. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

a. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

b. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

c. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

d. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

e. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

b. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ13]

c. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

3. Format Requirements

a. Format each page using one-inch (1”) margins at the top, bottom and both sides.

b. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

c. Print pages double-sided on white bond paper.

4. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

a. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ14]

1) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

2) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

b. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ15]

1) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

2) The letter shall include:

a) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ16]

b) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

c) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

d) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

e) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

f) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

g) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

i. The names and addresses of all affiliates of the Proposer.

ii. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

h) A statement that the Proposal is complete as submitted.

i) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

c. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

d. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

1) An understanding of DHCS’ needs and the importance of Program’s needs.

2) The tangible results that are expected to be achieved.

3) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

4) How performance of the SOW [program determines this][TJ17] will be effectively integrated into the proposing firm’s current obligations and existing workload.

5) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

e. Proposing Firm’s Capability[A18] [TJ19]

1) Include a brief history of the proposing firm, including:

a) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

b) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

2) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A20] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

i. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

ii. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

iii. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

iv. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

3) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

a) Name of agency or firm for whom services were performed;

b) Identification of a contact person;

c) Duration or length of the project;

d) Total cost or value of the project;

e) Indicate if the account or project is “active/open” or “closed/settled”; and

f) Briefly describe the type and nature of the services performed.

4) For each type of experience reported above, proposers shall provide:[TJ21]

a) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

b) Client size;

c) Number of transactions per year;

d) Type of work performed (e.g. enrollment broker, facilities manager);

e) Complexity and scope of the operations;

f) Percentage of service performed by subcontractors and/or independent consultants;

g) Whether the experience is that of the proposer, or a subsidiary of another business entity;

h) Reason for contract termination, if the contract is no longer in effect;

i) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

5) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

f. Work Plan

1) Overview

a) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

b) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

c) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

2) Rejection of tasks, activities or functions

a) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

b) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

3) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

a) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

b) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

c) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

d) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

e) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

f) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

g) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

h) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

i. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

ii. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

iii. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

i) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

j) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

k) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

l) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

g. Management Plan

1) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

2) Describe the fiscal accounting processes and budgetary controls[TJ22] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

a) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

b) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

c) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

d) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

3) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

4) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

5) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

h. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

2) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

a) Position titles for all proposed employees (persons on the proposing firm’s payroll).

b) Number of personnel in each position.

c) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

d) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

e) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

f) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

i. Briefly, describe each person’s expertise, capabilities, and credentials.

ii. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

g) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

3) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

a) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

4) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

5) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

a) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

i. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

ii. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

i. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

1) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

a) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

b) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

1) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

2) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

i. Appendix (Required Documents)

Place the following documentation in the Appendix Section of the Proposal in the order shown below.

1) Proof of Eligibility to Do Business in California

Provide the documentation as described in RFP Main, Qualifications Requirements, Proof of Eligibility to Perform Work in California

Check the appropriate box on RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

2) Proof of Non-Profit / Tax-Exempt Organization Status

Provide the documentation as described in RFP Main, Qualifications Requirements, Non-Profit / Tax-Exempt Organization Status

Check the appropriate box on RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

3) Financial Stability – Minimum Financial Criteria

Provide the documentation as described in RFP Main, Qualifications Requirements, Financial Stability – Minimum Financial Criteria.

Check the appropriate box on RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

4) Attestations

Submit the documentation required in RFP Main, Qualification Requirements, Attestations.

Check the appropriate box for each on RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

5) Organization Chart

As required in [P.4.g.4], provide an organization chart. The organization chart must show the distinct lines of authority between and among the divisions that will perform the project work and the primary reporting relationships within the Proposer’s organization. Show the relationships between management, key decision makers, supervisory personnel and subcontractors and/or independent consultants, if any.

Check the appropriate box on RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

6) Resumes

Provide resumes for all persons as required in [P.4.h], Project Personnel Section.

Check the appropriate box on RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

7) Letters of Agreement

Submit all Letters of Agreement as required in [P.4.h.5)], Project Personnel Section.

Check the appropriate box on RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

8) Lobbying Restrictions and Disclosure [if required in RFP Main, Qualification Requirements]

Submit the documentation required in RFP Main, Qualification Requirements, Lobbying Restrictions and Disclosure.

9) [Add any additional items needed per Program.]

Optional - Add any other documentation that the Program requires that is not specifically required elsewhere in the RFP, i.e., license requirement or technical proficiency certification, etc. Any item added here must also be added to RFP Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist under the Appendix Section.]

j. Attachments

Complete, sign, and include the attachments listed below in the Narrative Proposal in the order shown. When completing the attachments, follow the instructions of the RFP Main: Qualification Requirements; General Submission Instructions; Narrative Proposal Submission, Format and Content Requirements; and all instructions appearing on the attachment. Check the appropriate box on RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

Attachment #, Name, or Documentation	Instructions
1 – Proposal Cover Page	Complete and sign this form, and include as the first page in the Narrative Proposal as instructed.
2a – Narrative Proposal Required Attachments/ Certification Checklist	1)  Check each item with “Yes”, “No” or “N/A”, as applicable, sign, and include this form in the Narrative Proposal. If necessary, explain the choices marked. 2)  If Proposer marks “Yes”, “No” or “N/A” and makes any notation on the checklist and/or attaches an explanation to the checklist to clarify their choice, DHCS considers this a “qualified response”. Any “qualified response”, determined by DHCS to be unsatisfactory or insufficient to meet a requirement may cause a Proposal to be deemed non-responsive.
3 - Client References	Complete and include this form in the Narrative Proposal. Identify three (3) clients serviced within the past five (5) years from the RFP release date and that are identified in response to RFP Main, Section [P.4.e]. If possible, identify clients whose needs were similar in scope and nature to the services sought in this RFP. List the most recent first.
4 - RFP Clause Certification	Complete, sign and include this form in the Narrative Proposal indicating a willingness and ability to comply with the Contract certification clauses appearing in RFP Main, Bidding Certification Clauses.[TJ23]
4 - CCC 04/2017 – Certification	Complete, sign and include this form in the Narrative Proposal indicating a willingness and ability to comply with the Contractor Certification Clauses appearing in this attachment. The attachment supplied in this Proposal represents only a portion of the Contractor information in this document. Visit this web site to view the State’s Standard Contract Language: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language
5 - Payee Data Record –STD. 204	Complete, sign and include this form in the Narrative Proposal.
5a – Payee Data Record Supplement – STD. 205	STD 205 is optional. Complete, sign, and include the form in the Narrative Proposal if the proposing firm wishes to provide a remittance address information different than the mailing address on the STD 204.
6 - Follow-on Consultant Contract Disclosure	Complete, sign and include this form in the Narrative Proposal. If applicable, attach to this form the appropriate disclosure information.
7 - Darfur Contracting Act Certification	If applicable, complete, sign and return this form and the required documentation in the Narrative Proposal.
8 - Iran Contracting Act Certification	If applicable, complete, sign and include this form and the required documentation in the Narrative Proposal.
[XX] – California Civil Rights Laws Certification	Complete, sign and return this form indicating a willingness and ability to comply with the California Civil Rights Laws and Employer Discriminatory Policies clauses appearing in this Attachment. Complete, sign and include in the Narrative Proposal.
[XX] – Conflict of Interest Compliance Certificate	Complete, sign and attach all required documentation according to the instructions in the attachment, and include in the Narrative Proposal.
[XX] – Request for Inclusion on Distribution List	Complete and submit this attachment as instructed in RFP Main, [XX]. Request for Inclusion on Distribution List.
[XX] – Voluntary [Mandatory, as applicable]  Letter of Intent	Complete, sign and submit this attachment as instructed in RFP Main, E. Time Schedule and [K]. Voluntary [Mandatory] Letter of Intent.
[XX] – Proposer Response Guide	See the instructions included in the attachment. Complete and include in the Narrative Proposal.
[XX] – Bidder Declaration Form	See the instructions included in the attachment. Complete and include in the Narrative Proposal.
[XX] – Work Plan	[Include this item if requiring Work Plan separate from Narrative Proposal.] Complete a separate work plan based on the RFP and the work plan attachment instructions.

Q. Cost Proposal Submission, Format and Content Requirements

1. General Instructions

a. Submit the Cost Proposal package to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

a. [If accepting hard copy versions of Proposals, use the following language. Otherwise, delete.] The Cost Proposal package is to be submitted in a box separate from the box that the Narrative Proposal package is submitted.

a. [If accepting only electronic versions of Proposals, use the following language. Otherwise, delete.] The Cost Proposal package is to be submitted in the same email that the Narrative Proposal was submitted; however, it is to be saved in an electronic file folder, clearly identified as the Cost Proposal package, separate from the Narrative Proposal package electronic file folder. [TJ24]

2. Submission Requirements

a. Submit the Cost Proposal package to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[If using Bid Sheets, use the following language.]

a. The Cost Proposal package is comprised of the following documents:

1) Cost Proposal Transmittal Letter;

1) All completed RFP Attachments [XX], Attachments [XX], Attachment [XX] (if proposed);

1) RFP Attachments [XX] [enter attachment numbers for attachments named in the table below];

1) Subcontractor(s) Confirmation Letter(s);

1) RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist; and

b. Bid Sheets, RFP Attachments [XX] through [XX], in the original Microsoft Excel spreadsheet format.the Cost Proposal Transmittal Letter, all completed Bid Sheets, and all required and applicable attachments.

[If using a 5-line budget, use the following language. Do not alter the title of any bid form.]

b. The Cost Section package is comprised of the following documents:

1) Cost Proposal form;

2) RFP Attachment [XX]);

3) Budget Detail Work Sheet(s), RFP Attachment [XX], [XX], and [XX] for each budget period;

4) Subcontractor Budgets, RFP Attachment [XX], [XX], and [XX] for any budget period, if applicable;

5) Required cost justification and documentation described in RFP Main, [Q.4.b] below.

[Include the following language for both Bid Sheets and 5-line budget. Do not add evaluation information to this section.]

[Include the following language if accepting hard copy versions. Determine how many hard copies CD and Program wants. If the required number of proposal copies is altered, change the number shown in Proposal Content Section and alter the number indicated on the RFP Attachment 2b, Cost Proposal Required Attachment/Certification Checklist. All hard copy versions of the successful Proposal are offered to Program after the award is made.]

c. The Cost Proposal package shall be comprised of include one (1) original printed version, [one (1)] printed copy [copies] and one (1) CD-ROM/DVD-ROMUSB flash or thumb drive copy in Microsoft Excel spreadsheet format. The printed copy [copies] and the CD-ROM/DVD-ROMUSB flash or thumb drive copy shall be an exact duplicates of the original printed version. [TJ25]

1) Bid Sheets must be submitted in Microsoft Excel spreadsheet format on the USB flash or thumb drive copy.

d. The hard copy version shall be contained in binders which are to consist of the original printed version in one (1) binder which contains the originals of the Cost Proposal Transmittal Letter, all completed RFP Attachments [XX], Attachments [XX], Attachment [XX] (if proposed), Bid Sheets, RFP Attachments [XX] [enter attachment numbers for attachments named in the table below], Subcontractor(s) Confirmation Letter(s), and the RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist.

e. In a separate sealed envelope affixed to the outside of the box containing all of the above binders, include the original printed version and hard copy [copies] of the Bid Sheets, RFP Attachments [XX] through [XX], in the original Microsoft Excel spreadsheet format. [TJ26]

f. Write the words “Original Cost Proposal” on the spine of the binder containing the original Cost Proposal version, as well as on the front binder cover and front cover page of the original version.

g. Label the CD-ROM/DVD-ROMUSB flash or thumb drive, “RFP [#XX-XXXXX] [Project Name] Procurement” Original Cost Proposal, and place it in a protective sleeve that bears the RFP number and title. Secure it into the original Cost Proposal binder.

h. The Cost Proposal must be distinctly identified as follows on the exterior of the box(es):

COST PROPOSAL FOR “RFP [#XX-XXXXX]

[Project Name] Procurement

Box 1 of X

[If accepting only electronic versions of Proposals, use the following language. Otherwise, delete.]

c. The email used to submit the Cost Proposal package must be distinctly identified in the subject line as follows: COST PROPOSAL FOR RFP [#XX-XXXXX], [Project Name] Procurement.

d. The Cost Proposal package shall include two (2) separate file folders:

1) One (1) file folder shall include the following:

a) Cost Proposal Transmittal Letter;

b) All completed RFP Attachments XX, Attachments XX, Attachment XX (if proposed);

c) Bid Sheets, RFP Attachments XX [enter attachment numbers for attachments named in the table below];

d) Subcontractor(s) Confirmation Letter(s); and

e) RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist.

2) The second file folder shall contain:

a) Bid Sheets, RFP Attachments XX through XX, in the original Microsoft Excel spreadsheet format.  [TJ27]

3. Format Requirements

[Include the following language if using Cost Proposal Bid Sheets.]

[If accepting hard copy versions, include the following language.]

a. Hard copy pages of the Cost Proposal must be printed double-sided on white bond paper that is three (3)-hole punched, and submitted in three (3) ring binders.

b. Assemble Cost Proposal Bid Sheets, RFP Attachments [XX] through [XX], in numerical order.

c. All original Cost Proposal documents that require a ‘wet’ signature are to be signed in a color other than black ink by the person authorized to bind the Proposer to the Cost Proposal. Signature stamps are not acceptable.

[If accepting only electronic versions, include the following language.]

a. All original Cost Proposal documents that require a signature are to be signed according to Section [O.1.f.] by the person authorized to bind the proposer to the Cost Proposal. Signature stamps are not acceptable.

[Include the following language if using a 5-line budget.]

[Use the following for both hard copy and electronic versions]

a. All cost forms (Cost Proposal form and Budget Detail Work Sheets) [add, if applicable “and Subcontractor Budgets”] must be typewritten or completed in ink. Errors, if any, should be crossed out and corrections should be printed in ink or typewritten adjacent to the error. [If accepting hard copy versions, use the following language] The person who signs the Cost Proposal should sign all documents and initial all corrections in an ink color other than black.

[Include the following language for both electronic and hard copy versions.]

b. On the Cost Proposal form, indicate the annual cost for each full or partial budget period and include a total cost.

c. When completing the cost forms, include all estimated costs to perform the services for the entire term, including applicable annual rate adjustments attributable to merit increases, payroll taxes, sales taxes, profit margins, and inflation or cost of living adjustments.

4. Content Requirements

Option 1 – (When utilizing cost proposal bid sheets)

a. Bid Sheet Instructions

Instructions for completing the Cost Proposal Bid Sheets, RFP Attachment [XX] through [XX] are included as RFP Attachment [XXa], Bid Sheet Instructions.

b. Cost Proposal Transmittal Letter

The purpose of the Cost Proposal Transmittal Letter is to transmit and legally bind the proposer to the Cost Proposal. [Include the following language if accepting hard copy versions.] The Transmittal Letter should be brief and signed in an ink color other than black, by a person(s) authorized to legally bind the Proposer to the Cost Proposal. [Include the following language if only accepting electronic versions.] The Transmittal Letter should be brief and signed per instructions provided in RFP Main, General Submission Instructions, by a person(s) authorized to legally bind the Proposer to the Cost Proposal.

The Transmittal Letter must comply with all of the following:

1) Be on business letterhead of the legal entity that would be the Contractor.

2) Must not contain Bid Sheet, Evaluation Sheet, cost or financial information pertaining to the Cost Proposal.

3) Must contain a certification that the Proposer has not and shall not disclose any information regarding the Cost Proposal to any person or entity outside of the Proposer’s business.

4) Must contain a certification that the Proposer did not and will not make any effort to induce any person or entity to bid or not bid or bid at or above a certain price or rate.

5) Must contain a certification statement that the data submitted for the Cost Proposal is current, accurate and complete.

6) Must contain a statement that the Proposer is aware that all prices contained in the Cost Proposal are fixed prices.

7) Must contain a statement that all Bid Sheets, RFP Attachments [XX.1] through [XX.X], are complete and provided in a separate sealed envelope.

8) Must clearly identify all materials submitted in response to Cost Proposal requirements.

9) [If accepting hard copy versions of Proposals, use the following language.] Must contain a ‘wet’ signature, in an ink color other than black, provided by the person authorized to legally bind the Proposer to the Cost Proposal.

[If accepting only electronic versions of Proposals, use the following language.] Must contain a signature, according to Section [O.1.f.], provided by the person authorized to legally bind the Proposer to the Cost Proposal.

c. Cost Proposal Attachments

Complete, sign and include the Cost Proposal attachments listed below. When completing the attachments, follow the instructions in this section and all instructions appearing on the attachments themselves. After completing and signing all required attachments, assemble in the order shown below. Check the appropriate boxes on RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist.

Attachment #, Name, or Documentation	Instructions
Cost Proposal Transmittal Letter	Follow the instructions described in RFP Main, Cost Proposal Submission, Format and Content Requirements. [If accepting hard copy versions, include the following language.] Complete, sign as instructed and include in the binders contained in the box[es]. [If accepting electronic versions, include this language.] Complete, sign as instructed and include in the file folder containing the RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist.
2b – Cost Proposal Required Attachments/ Certification Checklist	[If accepting only electronic versions.] Check each item with “Yes”, “No” or “N/A”, as applicable, and sign and include this form in the file folder containing RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist. If necessary, explain the choices marked. [If accepting hard copy versions.] Check each item with “Yes”, “No” or “N/A”, as applicable, and sign and include this form in the binders contained in the box[es]. If necessary, explain the choices marked. [Include this language for both hard copy and electronic versions.] If a Proposer marks “Yes”, “No” or “N/A” and makes any notation on the checklist and/or attaches an explanation to the checklist to clarify their choice, DHCS considers this a “qualified response”. Any “qualified response” determined by DHCS to be unsatisfactory or insufficient to meet a requirement may cause a Proposal to be deemed non-responsive/non-responsible.
[XX]– DVBE Instructions / Forms [XXa] – DVBE  Participation [XXb] – DVBE Declarations	[DVBE participation is mandatory in this RFP.] [DVBE participation is voluntary in this RFP.] Read and carefully follow the completion instructions in RFP Attachment X. [If accepting only electronic versions.] Complete, sign and include RFP Attachment Xa and Xb in the file folder that includes Attachment 2b, Cost Proposal Required Attachments/Certification Checklist. Attach the documentation that is required for the form(s) that is submitted. [If accepting hard copy versions.] Read and carefully follow the completion instructions in RFP Attachment [XX]. Complete, sign and include RFP Attachment [XXa]and [XXb]in the binders contained in the box[es]. Attach the documentation that is required for the form(s) that is submitted.
[XX] – Non-Small Business Subcontractor Preference Instructions [XXa] – Non-Small Business Subcontractor Preference Request [XXb] – Small Business Subcontractor / Supplier Acknowledgement	[Include the following language if accepting only electronic versions.] Read and carefully follow the completion instructions in RFP Attachments [XX], [XXa], and [XXb]. Complete, sign as instructed and return RFP Attachments [XXa]and [XXb], if applicable, in the file folder that includes Attachment 2b, Cost Proposal Required Attachments/Certification Checklist. [Include the following language if accepting hard copy versions.] Read and carefully follow the completion instructions in RFP Attachments [XX], [XXa], and [XXb]. Complete, sign as instructed and return RFP Attachments [XXa]and [XXb], if applicable, in the binders contained in the box[es].
[XX] – TACPA [Xa] – Bidder’s Summary	[Include the following language if accepting only electronic versions.] Complete and sign RFP Attachments [XX] and [Xa] as instructed in RFP Main, [XX.] Preference and Incentive Programs and the instructions included in the attachments. Submit these attachments in the file folder that includes Attachment 2b, Cost Proposal Required Attachments/Certification Checklist. [Include the following language if accepting hard copy versions.] Complete and sign Attachments [XX] and [Xa]  as instructed in RFP Main,  [XX.] Preference and Incentive Programs and the instructions included in the attachments. Submit these attachments in the sealed envelope affixed to the outside of the sealed, boxed Cost Proposal.[TJ28]
[XX] – Bid Sheet instructions [XX.1] through [XX.X] – Bid Sheets	Completion of Bid Sheets, RFP Attachments [XX.1] through [XX.X], is explained in RFP Attachment [XX], Bid Sheet Instructions. [Include the following language if accepting hard copy versions.] Complete and include the hard copy Bid Sheets, RFP Attachments [XX.1 through [XX.X] in the sealed envelope affixed to the outside of the box marked Original [XX].[TJ29] [Include the following language if only accepting electronic versions.] Complete and include Bid Sheets, RFP Attachments [XX.1] through [XX.X] in the second separate file folder within the Cost Proposal package.
Subcontractor Confirmation Letters	Follow the instructions described in RFP Main, Preference and Incentive Programs. [Include the following language if accepting hard copy versions.] If applicable, submit these letters in the sealed envelope affixed to the outside of the sealed, boxed Cost Proposal. [Include the following language if only accepting electronic versions.] If applicable, complete and include in the second file folder within the email containing the Cost Proposal package.

Option 2 –  When utilizing a 5-line budget, include the following language.

a. Required Budget Detail Work Sheets

1) Include with the Cost Proposal form, RFP Attachment [XX], a Budget Detail Work Sheet, RFP Attachment [XX], [XX], and [XX] [add, if applicable, “and Subcontractor Budgets, RFP Attachment [XX], [XX], and [XX] for each state fiscal year or budget period.

2) On each Budget Detail Work Sheet, provide specific cost breakdowns for the budget line items identified in this section.

3) All unit rates/costs, if any (i.e., square footage, salary rates/ranges, hourly rates, etc.), must be multiplied out and totaled for each budget period.

4) Report costs using whole dollars only. Round fractional dollar amounts or cents to the nearest whole dollar amount.

5) [Modify these instructions if they do not meet the program’s needs.] When completing the Budget Detail Work Sheet(s) [add, if applicable “and Subcontractor Budgets”], Proposers may create like-images or computerized reproductions of the Budget Detail Work Sheets [add, if applicable “and Subcontractor Budgets”] included in this RFP. Use as many pages as are necessary to display the detailed budgeted costs. The Budget Detail Work Sheet attachments included in this RFP are not intended to dictate the specific costs that are to be reported, but are intended to show the required format for reporting proposed budget detail.

[Use CD’s Budget Detail Work Sheet and Subcontractor Budgets sample attachments that appear with the bid forms or develop alternate forms. Use a separate work sheet for each state fiscal year or budget period. The samples included with this model comply with CMU Bulletin 00-07 and the budget format appearing in CD’s contract models in terms of required budget content.

Budget Detail Work Sheets should collect, at a minimum, the line item information described in this RFP section. Modify the budget line item descriptions to collect more or less budget information.]

6) Identify the projected detailed expenses for each line item identified below by following the instructions herein.

a) Personnel costs

i. Identify each funded position title or classification.

ii. Indicate the number of personnel in each position/classification.

iii. Indicate the full time equivalent (FTE) or annual percentage of time/effort for each position (i.e., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, number of hours, if hourly, etc.).

iv. Identify the monthly salary rate or range for each position/classification.  Include payroll taxes, paid leave benefits such as sick leave, vacation, annual leave, holiday pay, etc. in the salary rates or ranges.

v. Project an annual total for each position/classification.

vi. If applicable, enter zero dollars ($0) if no personnel costs will be incurred.

vii. Enter the grand total for salary/wage expenses.

b) Fringe Benefits

Include fringe benefit expenses including, but not limited to, costs for worker’s compensation insurance; unemployment insurance, health, dental, vision and/or life insurance; disability insurance; pension plan/retirement benefits; etc.

i. Display fringe benefit costs as a percentage rate of the total personnel costs.

ii. If applicable, enter zero dollars ($0) if no fringe benefit costs will be incurred.

c) Operating Expenses (also referred to as General expenses)

Identify all direct operating expense project costs that will be incurred exclusively to perform scope of work activities and tasks. DHCS reserves the right to question or deny proposed operating expenses and reduce budgeted costs. Direct project costs may include but are not limited to the following expense items:

[Modify the list below to instruct proposers to report certain costs as Operating Expenses.]

[Do not consolidate the other distinct line items into the Operating Expense line item including Equipment, Travel, Subcontractor Costs, including Consultant costs, or Other Costs, as these expense items must be budgeted separately.]

i. Facility rental (i.e., office space, storage facilities, etc.). Include the amount of square footage and the rate per square foot.

ii. Consumable office supplies and sales tax.

iii. Minor equipment purchases (i.e., items with a unit cost of less than five thousand dollars ($5,000) and a useful life of one (1) year or more) and sales tax.

iv. Telecommunications (i.e., telephone or cellular telephones, Internet service provider fees, etc.) and applicable taxes.

v. Reproduction/printing/duplication.

vi. Postage or messenger/delivery service costs.

vii. Equipment/furniture rental/lease and maintenance and applicable taxes.

viii. Software (including license fees, upgrade/maintenance fees, etc.) and applicable taxes.

ix. If applicable, enter zero dollars ($0) if no operating expenses will be incurred.

d) Equipment Expenses

Option 1 - Equipment expenses will NOT be funded

i. DHCS will not reimburse equipment purchases under the resulting contract.

ii. DHCS primarily classifies equipment as Major Equipment and Miscellaneous Property. Major Equipment is defined as a tangible or intangible item with a base unit cost of five thousand dollars ($5,000) or more and a life expectancy of one (1) year or more that is purchased or reimbursed with agreement funds. Major equipment expenses, when allowed, is budgeted in this expense line item.

iii. Enter zero dollars ($0) in this line item.

Option 2 - [Equipment expenses will be allowed]

[Enter the following information or insert alternate instructions in this section. If necessary, modify the wording below to indicate any annual equipment reimbursement limits that the program will impose. Do not change the definition of equipment.]

i. DHCS will reimburse major equipment purchases under the resulting contract if said equipment is exclusively used to perform SOW activities and tasks. DHCS reserves the right to question or deny proposed equipment expenses and reduce budgeted costs.

ii. DHCS primarily classifies equipment as Major Equipment and Miscellaneous Property. Major Equipment is defined as a tangible or intangible item with a base unit cost of five thousand dollars ($5,000) or more and a life expectancy of one (1) year or more that is purchased or reimbursed with agreement funds. Major equipment expenses, when allowed, is budgeted in this expense line item.

iii. List each major equipment item the Proposer intends to purchase for exclusive use to accomplish DHCS’ SOW. Include the number of units and anticipated unit cost. Extend each unit cost to display applicable subtotals and show a total equipment cost including applicable taxes.

iv. Contractors may use their own purchasing system to obtain major equipment up to an annual limit of fifty thousand dollars ($50,000). DHCS must arrange all equipment purchases above this limit. Unlimited purchase delegations exist for California State colleges, public universities, and other governmental entities.

v. If applicable, enter zero dollars ($0) if no major equipment expenses will be incurred.

e) Subcontract Expenses

i. Specify a total cost for all subcontracted services (including those performed by consultants). Subcontractors include any persons/firms performing contract services that are not on the Proposer’s payroll.

ii. If a proposer intends to use subcontractors (including consultants), provide the information below depending on whether subcontractors are known/pre-identified or have yet to be determined

A. For known/pre-identified subcontractors or consultants, including DVBEs, identify each subcontractor and consultant by name and include a separate expense breakdown for each of the subcontractor’s costs for personnel expenses including payroll taxes, fringe benefits, operating or general expenses, travel, subcontracts, and indirect costs. [Optional – add, if applicable “Use Attachments [XX], [XX], and [XX]” if more than two subcontracts are anticipated.”]

B. For unknown/unidentified subcontractor(s) or consultant(s), list a title for each subcontracted activity/function and indicate a total projected cost for each activity/function to be out-sourced.

iii. If applicable, enter zero dollars ($0) if no subcontract expenses will be incurred.

f) Travel Expenses

i. Indicate the total cost for travel and per diem. Include costs for expenses such as airfare, mileage reimbursement, parking, toll bridge fees, taxicab fares, applicable taxes, overnight lodging and meal expenses, etc.

ii. If applicable, enter zero dollars ($0) if no travel expenses will be incurred.

g) Other Costs

[If applicable, modify the description of “Other costs” and the cost items that the program wants the proposers to report in this line item. Do not instruct Proposers to lump travel and subcontracts or consultant costs into Other Costs.]

i. Indicate here those direct project expenses that will be incurred exclusively to perform SOW activities and tasks that do not clearly fit into the other budget line items. Such costs may include, but are not limited to training/conference registration fees, publication production costs, costs for educational material development or other items unique to performance. If deemed necessary, identify the type of costs that Proposers are to list under “Other costs”.

ii. Itemize each expense item and its cost.

iii. If any service, product or deliverable will be provided on a fixed price or lump sum basis, name the items and/or deliverable and indicate “fixed price” or “lump sum” next to the item along with the price or fee.

iv. If applicable, enter zero dollars ($0).

h) Indirect Costs

i. Express the indirect costs as a percentage rate.

Option 1 - Program opts to limit the allowed rate

[Use this option to limit the indirect cost rate to a certain percentage (i.e., 15%-25% of personnel costs excluding benefits) as indicated in the Qualification Requirements section.

[Information:

Indirect costs are routine expenses incurred during normal business operations that occur regardless of whether or not a business contracts with the State (i.e., labor costs for payroll and billing services; utilities, insurance; legal services; human resource costs; business service costs for arranging equipment/supply purchases, mail service, reproduction/photocopying; janitorial costs; auditing costs, security costs, etc.). A percentage of these business costs are often charged to a service contract. Many firms have established formulas for determining indirect cost rates associated with contracts and some entities have approved indirect cost rate plans on file with the federal government. The State rarely agrees to reimburse a firm’s approved federal indirect cost rate which only applies when the entity obtains funding directly from a federal agency.

The State may limit a contractor’s indirect cost rate to a percentage that does not exceed the State’s own indirect cost rate of 15% in the 06/07 fiscal year or a rate that common for an industry.

Some costs are mistakenly treated as an indirect cost when they are actually a direct cost. A direct cost is any expense that is only incurred as a result of entering into a contract. For example, printing costs may be treated as a direct cost if a print job results in a tangible deliverable under a contract.]

[Unless a federal funding agency restricts indirect cost reimbursement to a specified percentage (e.g., 10% or less for Federal Block Grants Funds), CD recommends that programs allow reimbursement of indirect costs up to 20% or more. Limiting indirect cost reimbursement discourages competition by non-profit organizations and commercial businesses.]

Proposers must contain indirect costs at a rate no greater than [spell out numeral] percent [XX%] of total personnel costs excluding benefits or [spell out numeral] percent [XX%] of total personnel costs including benefits or [spell out numeral] percent [XX%] of total direct expenses]. DHCS will deem a proposal non-responsive/non-responsible if a proposer offers an indirect cost rate that exceeds this limit

Option 2 - Indirect cost reimbursement is not limited

i. Indicate the indirect cost percentage rate and the cost basis upon which it was determined (i.e., personnel excluding benefits or personnel including benefits or total direct expenses).

ii. If applicable, enter zero dollars ($0).

i) Total Costs

Enter a total annual cost for the stated fiscal year or budget period.  Make sure all itemized costs equal this figure when added together.

b. Required cost justification/documentation

In the Cost Proposal, include the following facts and information to explain the reasonableness and/or necessity of the proposed budgeted costs.

Optional - To collect various types of budget justification information

[CD recommends that program staff retain the information in this section. If applicable, modify proposer instructions in this section to better meet program needs.]

[If necessary, add other budget justification requirements at the end of this section. Delete any expense item below that proposers will not be required to justify.]

1) Discuss how the number of project-funded staff, their proposed duties, and time commitments are sufficient to achieve the proposed services and activities.

2) Include wage and/or salary justifications, including but not limited to:

a) How salary rates or ranges were determined.

b) Explain any cost of living, merit or other salary adjustments that are included in the personnel line item. Explain how the amount of each adjustment was determined and explain the frequency or interval at which the adjustment is to be granted. This only applies if the personnel expense line item includes merit increases, cost of living, or other salary adjustments.

c) [Optional - Delete if program did not include an Appendix item listing comparable civil service classifications and salary rates or if comparable classifications do not exist.] If applicable, explain why the proposed personnel wage/salary rates exceed those of State civil service employees performing comparable work. This only applies if the proposed salaries for contract staff or subcontractors exceed those of State civil service employees performing comparable work.

Note:  The salaries paid to contractor and subcontractor personnel should not exceed rates paid to State civil service personnel performing comparable work. See Appendix X for a list of comparable State classifications and monthly salary ranges. [Delete this paragraph if program did not attach an Appendix item listing comparable State classifications and salary rates.]

3) [Optional - delete or modify at the program’s discretion.] Fringe benefit explanation. This requirement only applies if fringe benefit expenses are budgeted.

a) Identify and/or explain the expenses that make up fringe benefit costs.  Typical fringe benefit costs can include worker’s compensation insurance; unemployment insurance, health, dental, vision and/or life insurance; pension plan/retirement benefits; etc.

b) If applicable, identify any positions that do not earn fringe benefits and/or that receive different benefit levels.

4) [Optional - delete if equipment expenses are not reimbursable.] Major equipment costs and explanation of purchasing system. This requirement only applies if major equipment expenses are budgeted or major equipment will be obtained through a DVBE supplier.

a) For each major equipment item listed in an annual Budget Detail Work Sheet, explain why the equipment item is needed and how it will be used to carry out the work. If applicable, explain why a lease is not preferable to a purchase.

b) Describe briefly, the proposing firm’s purchasing system, including how the Proposer will ensure that competitive prices are obtained and how the Proposer will insure that purchases are carried out responsibly.

5) Subcontractor/ consultant use and fees/rates and costs. This requirement only applies if Subcontractor(s) (including consultant(s)) costs are budgeted.

a) Discuss the necessity of using each Subcontractor and/or consultant. Explain what contributions their services and expertise will add to the funded project.

b) Provide a justification for the fees/wages budgeted for known/pre-identified Subcontractor(s) (including consultant(s)). Include information, such as, but not limited to, the Subcontractor(s)’s or consultant(s)’s current pay rate, past wage/salary/fee history, standard industry rates paid for comparable/similar services. If applicable, explain other factors used to determine the proposed pay levels such as notoriety in a specific field, possession of expert credentials, etc., that explain the reasonableness of the proposed costs/fees or wage rates.

c) For unknown/unidentified Subcontractor(s) (including consultant(s)), explain how the budgeted amount for each proposed subcontracted activity or function was determined.

6) [Optional - delete or modify at program’s discretion.] Travel expense justification/explanation. This requirement only applies if travel expenses are budgeted.

a) If proposed travel expenses equal [twenty-five thousand dollars ($25,000)] or more in any budget period, itemize all major travel and per diem expenses. At a minimum, include an estimated number of trips, to and from destinations, length of travel per trip (i.e., number of days and nights), number of travelers, and mode of transportation. [It is allowable to alter the dollar figure shown to reflect a lower level of expenditure at which the program wishes to collect detailed travel cost information.]

b) Note: Travel reimbursement generally may not exceed the current rates paid to non-represented State employees.

Expenses exceeding current State rates must be explained and justified and are subject to prior DHCS approval. Request a copy of the State employee travel reimbursement rates if DHCS failed to attach the rates to the RFP (i.e., the Travel Reimbursement Information exhibit).

State employees receive discounted lodging rates in many areas. In justifying per diem costs, indicate if the Proposer does not have access to the same discounted rates offered to State employees.

c) If travel expenses are less than [twenty-five thousand dollars ($25,000)] in any budget period, briefly explain how the proposed travel costs were determined. [Repeat here the dollar figure entered in i. above.]

7) Other costs explanation. This requirement only applies if “Other Costs” are budgeted. DHCS reserves the right to question or deny proposed “Other Costs” and reduce the proposed budgeted cost.

a) Itemize the detailed expenses that make up the “Other Costs” line item.

b) Explain why each expense item is necessary and identify specific SOW tasks, activities and functions that the “Other Costs” items are needed to perform. Also, explain how the amount of each expense item was projected.

c) If any services or deliverables are offered on a fixed price or lump sum basis, explain how the price or cost was determined.

8) [Delete this item if the funding program limited the indirect cost rate percentage.] Indirect cost rate explanation. DHCS reserves the right to question or deny proposed indirect percentage rates and reduce both the rate and total budgeted cost. This requirement only applies if indirect costs are budgeted and the allowable reimbursement rate was not pre-set by DHCS.

a) Explain briefly how the proposed indirect cost rate was determined (i.e., how the percentage was set and identify those administrative costs that were considered in setting the rate).

9) Include, at the Proposer’s option, all other information that will assist DHCS to understand how the proposed costs were determined and why the proposed costs are reasonable, justified, and/or competitive. Unless discussed elsewhere within this section, explain any unusually high or disproportionate cost elements appearing in any budget line item.

c. Cost Proposal Attachments

Complete, sign and include the Cost Proposal attachments listed below. When completing the attachments, follow the instructions in this section and all instructions appearing on the attachments themselves. After completing and signing all required attachments, assemble in the order shown below. Check the appropriate boxes on RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist.

Attachment #, Name, or Documentation	Instructions
Cost Proposal Transmittal Letter	Follow the instructions described in RFP Main, Cost Proposal Submission, Format and Content Requirements. [If accepting hard copy versions, include the following language.] Complete, sign as instructed and include in the binders contained in the box[es].[TJ30] [If accepting electronic versions, include this language.] Complete, sign as instructed, and include in the file folder containing the RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist.[TJ31]
Cost Proposal Form	[Include the following language if accepting hard copy versions.] Complete and include the hard copy Cost Proposal Form in the sealed envelope affixed to the outside of the box marked Original [XX]. [Include the following language if only accepting electronic versions.] Complete and include the hard copy Cost Proposal Form in the second separate electronic file folder within the Cost Proposal package.
[XX]– Budget Detail Work Sheet(s)	Complete a separate budget detail worksheet for each year and for each optional year, if applicable. [Include the following language if accepting hard copy versions.] Complete and include the hard copy Budget Detail Work Sheet(s) in the sealed envelope affixed to the outside of the box marked Original [XX] [Include the following language if only accepting electronic versions.] Complete and include the hard copy Budget Detail Work Sheet(s) in the second separate electronic file folder within the Cost Proposal package.
[XX]- Subcontractor Budget(s)	Complete a separate subcontractor budget for each year and for each optional year, if applicable. [Include the following language if accepting hard copy versions.] Complete and include the hard copy Subcontractor Budget(s) in the sealed envelope affixed to the outside of the box marked Original [XX]. [Include the following language if only accepting electronic versions.] Complete and include the hard copy Subcontractor Budget(s) in the second separate electronic file folder within the Cost Proposal package.
Required cost justification and documentation	Follow the instructions described in RFP Main, Cost Proposal Submission, Format and Content Requirements. [If accepting hard copy versions, include the following language.] Complete and sign as instructed and include in the binders contained in the box[es]. [If accepting electronic versions, include this language.] Complete and sign as instructed and include in the file folder containing the RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist.
2b – Cost Proposal Required Attachments/ Certification Checklist	[If accepting only electronic versions.] Check each item with “Yes”, “No” or “N/A”, as applicable, and sign and include this form in the file folder containing RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist. If necessary, explain the choices marked. [If accepting hard copy versions.] Check each item with “Yes”, “No” or “N/A”, as applicable, and sign and include this form in the binders contained in the box[es]. If necessary, explain the choices marked. [Include this language for both hard copy and electronic versions.] If a Proposer marks “Yes”, “No” or “N/A” and makes any notation on the checklist and/or attaches an explanation to the checklist to clarify their choice, DHCS considers this a “qualified response”. Any “qualified response” determined by DHCS to be unsatisfactory or insufficient to meet a requirement may cause a Proposal to be deemed non-responsive/non-responsible.
[XX]– DVBE Instructions / Forms [XXa]- DVBE Participation [XXb]– DVBE Declarations	[DVBE participation is mandatory in this RFP.] or [DVBE participation is voluntary in this RFP.] Read and carefully follow the completion instructions in RFP Attachment [XX]. [If accepting only electronic versions.] Complete, sign and include RFP Attachment [XXa]and [XXb]in the file folder that includes Attachment 2b, Cost Proposal Required Attachments/Certification Checklist. Attach the documentation that is required for the form(s) that is submitted. [If accepting hard copy versions.] Read and carefully follow the completion instructions in RFP Attachment [XX]. Complete, sign and include RFP Attachment [XXa]and [XXb]in the binders contained in the box[es]. Attach the documentation that is required for the form(s) that is submitted.
[XX]– Non-Small Business Subcontractor Preference Instructions [XXa]- Non-Small Business Subcontractor Preference Request [XXb]- Small Business Subcontractor / Supplier Acknowledgement	[Include the following language if accepting only electronic versions.] Read and carefully follow the completion instructions in RFP Attachments [XX], [XXa], and [XXb]. Complete, sign as instructed and return RFP Attachments [XXa]and [XXb], if applicable, in the file folder that includes Attachment 2b, Cost Proposal Required Attachments/Certification Checklist. [Include the following language if accepting hard copy versions.] Read and carefully follow the completion instructions in RFP Attachments [XX], [XXa], and [XXb]. Complete, sign as instructed and return RFP Attachments [XXa]and [XXb], if applicable, in the binders contained in the box[es].
Subcontractor Confirmation Letters	Follow the instructions described in RFP Main, Preference and Incentive Programs. [Include the following language if accepting hard copy versions.] If applicable, submit these letters in the sealed envelope affixed to the outside of the sealed, boxed Cost Proposal. [Include the following language if only accepting electronic versions.] If applicable, complete and include in the second file folder within the email containing the Cost Proposal package.

R. Escrow Bid Documents [Include this section only if Escrow Bid Documents are included in the procurement. Make certain to include a provision in Exhibit E, Additional Provisions for the EBDs and to include an Exhibit E in the RFP.]

The Proposer shall meet all Escrow Bid Documents requirements as defined in the RFP Main and Exhibit E, Additional Provisions, Escrow Bid Documents.

S. Evaluation and Selection

Option 1 [Include the following language if using Cost Proposal Bid Sheets and if CD staff perform the evaluation.]

A multiple stage evaluation process will be used to review and/or score proposals.  DHCS will reject any proposal that is found to be non-responsive/non-responsible at any stage of evaluation.

The Preliminary Review Committee (PRC) consists of team leads from CD and [program name], and conducts the compliance review for both the Narrative Proposal and Cost Proposals.

The Evaluation Scoring Committee (ESC) consists of [program name] staff and staff working in other areas of the Medi-Cal Program [If other State agencies or departments contribute staff, add the agency or department name here.]. The ESC is responsible for the review of the Proposals.

The Rating Review Committee (RRC) consists of CD management, staff and members of the PRC. The RRC will interact with the ESC throughout the evaluation process. In fulfilling its functions, the RRC may consult with appropriate individuals within DHCS, other State departments and/or consultants. Additionally, the RRC may seek independent review and/or advice from individuals, including internal auditors, from within DHCS or elsewhere regarding issues including, but not limited to, procurement policy matters, Narrative Proposal, and/or Cost Proposal deficiencies and acceptability.

The Executive Review Committee (ERC) consists of DHCS executive management officials. The ERC may, at the RRC’s request, review Narrative proposal and/or Cost Proposal deficiencies and acceptability.

1. Stage 1 – Required Attachment/Certification Checklist Review for the Narrative Proposal, RFP Attachment [2a]

a. Shortly after the Proposal submission date, the PRC will convene to review each Narrative Proposal for timeliness, completeness and initial responsiveness to the RFP requirements. This is a Pass/Fail evaluation.

b. In this review stage, the PRC will compare the contents of each Narrative Proposal to the claims made by the Proposer on RFP Attachment [2a], Narrative Proposal Required Attachments/Certification Checklist, to determine compliance with Narrative Proposal packaging and labeling, and that the Proposal contains all required information.

c. If deemed necessary, the PRC may collect additional documentation (i.e., missing forms, missing data from RFP attachments, missing signatures, etc.) from a proposer to confirm the claims made on the Narrative Proposal Required Attachments/Certification Checklist and to ensure that the Proposal is initially responsive to the RFP requirements.

d. If a Proposer’s claims on Attachment [2a], Narrative Proposal Required Attachments/Certification Checklist cannot be proven or substantiated, the Proposal may, at the Department’s sole discretion, be deemed non-responsive/non-responsible and may be rejected from further consideration.

e. Narrative Proposals shall not include Cost Proposal information such as Bid Sheets, Evaluation Sheets, cost, prices or pricing information related to the contract. If such information is submitted, it may constitute grounds for rejection of the Narrative Proposal as non-responsive/non-responsible.

2. Stage 2 – Narrative Proposal Evaluation/Scoring

a. Proposals that meet the basic format requirements and initial qualification requirements, and that contain the required documentation, as evidenced by passing the Stage 1 review, will be submitted to the ESC.

b. The ESC will review, evaluate, and numerically score the scored sections of each Narrative Proposal based on the proposal’s adequacy and thoroughness and the degree to which it complies with the RFP requirements.

c. DHCS will use the following scoring system to assign points. Following this chart is a list of the considerations that evaluators may take into account when assigning individual points to a Narrative Proposal.

Points	Interpretation	General basis for point assignment
0	Inadequate*	Proposal response (i.e., content and/or explanation offered) is inadequate or does not meet DHCS’s needs/requirements or expectations. The omission(s), flaw(s), or defect(s) are significant and unacceptable.
1	Barely Adequate	Proposal response (i.e., content and/or explanation offered) is barely adequate or barely meets DHCS’s needs/requirements or expectations. The omission(s), flaw(s), or defect(s), are consequential but are acceptable. The quality of the proposal response is considered to be less than average for a qualified proposer.
2	Adequate	Proposal response (i.e., content and/or explanation offered) is adequate or meets DHCS’s basic needs/requirements or expectations. The omission(s), flaw(s), or defect(s), if any, are inconsequential and acceptable. The proposal response is considered to be of average quality for a qualified proposer.
3	More than Adequate	Proposal response (i.e., content and/or explanation offered) is more than adequate and fully meets DHCS’s needs/requirements or expectations. No omission(s) or flaw(s) are apparent. The proposal response is not considered outstanding but is above the average quality that is expected from a qualified proposer.
4	Excellent or Outstanding	Proposal response (i.e., content and/or explanation offered) is well above average or exceeds DHCS’s needs/requirements or expectations. Proposer offers one (1) or more enhancing features, methods or approaches that will benefit the State. Response represents the best proposal that can be expected of any proposer. Any present weakness is minor and unrelated to a performance requirement.

*A score of zero (0) does not render a proposer non-responsive.

d. In assigning points for individual rating factors, evaluators may consider issues including, but not limited to, the extent to which a proposal response:

1) Is lacking information, lacking depth or breadth, or lacking significant facts and/or details; and/or

2) Is fully developed, comprehensive, and has few, if any, weaknesses, defects or deficiencies; and/or

3) Demonstrates that the proposer understands DHCS’s needs, the services sought, and/or the proposer’s responsibilities; and/or

4) Illustrates the proposer’s capability to perform all services and meet all SOW requirements; and/or

5) If implemented, will contribute to the achievement of DHCS’s goals and objectives; and/or

6) Demonstrates the proposer’s capacity, capability, and/or commitment to exceed regular service needs (e.g., enhanced features, approaches, or methods, or creative or innovative business solutions).

e. Below are the point values and weight values for each Narrative Proposal Rating Category that will be scored. Narrative Proposals will be scored on a scale of 0 to [XX] points, as follows:

Rating Category	Points	Weight	Maximum Score
Executive Summary
Proposing Firm’s Capability
Work Plan
Management Plan
Project Personnel
Facilities and Resources
Narrative Proposal Score

3. Stage 3 – Required Attachments/Certification Checklist for the Cost Proposal, RFP Attachment 2b

a. Once approval is received from the ERC to open Cost Proposals, the PRC will convene to review each Cost Proposal for completeness and compliance with RFP instructions. [Delete the portion of the sentence prior to the comma if the ERC is not participating in this project.] This is a Pass/Fail evaluation.

b. The PRC will compare the contents of each Cost Proposal to the claims made by their respective proposer on RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist to determine compliance with Cost Proposal packaging and labeling, that the Transmittal Letter contains all required information, and that all Bid Sheets are included.

c. If a proposer’s claims on RFP Attachment 2b, Cost Proposal Required Attachments/Certification Checklist cannot be proven or substantiated, the Cost Proposal may, at the DHCS’s sole discretion, be deemed non-responsive and the entire proposal package may be rejected from further consideration.

d. Proposals that pass the Stage 3 review will be forwarded to Stage 4, Cost Proposal Evaluation.

4. Stage 4 – Cost Proposal Evaluation

Proposers that pass the Stage 3 Compliance Review will have their Cost Proposal scored and/or evaluated according to the process described herein. Each Cost Proposal shall be reviewed to ensure that the Cost Proposal is complete, the calculations are accurate and that the proposer states its awareness that all prices contained in its proposal are fixed. Submission of a complete Cost Proposal in the DHCS’s prescribed format is mandatory. If a proposer fails to comply, the Cost Proposal may be determined non-responsive/non-responsible. Errors in Cost Proposals will be handled in the manner prescribed by DHCS.

[Choose which sections best suits the type of cost proposal being solicited from proposers.]

a. Total Price or Single Price per Phase

The method for determining points awarded for the cost section is based on the lowest bidder receiving the maximum points allowed for the bid price under consideration. All other non-lowest proposers shall receive a proportional number of points based on their bid price when compared to the lowest bid price. This can be expressed mathematically as:

      Lowest Bid Price ÷ Proposer’s Price = Percentage of Maximum Points Available

Percentage of Maximum Points Available X Maximum Points Available = Points Earned

Points are assigned by DHCS for each price to be evaluated and may vary from Phase to Phase or Service to Service.

Calculation Example (Single Price per Phase):

      Proposer A bids $800,000 for Phase 1 for Service X.

      Proposer B bids $1,000,000 for Phase 1 for Service X.

      Maximum Points Available 50 Points

      Proposer A Earns $800,000 ÷ $800,000 = 100% X 50 Points = 50 points

      Proposer B Earns $800,000 ÷ $1,000,000 = 80% X 50 Points = 40 points

      This is repeated for each phase or extension bid.

b. Determining Cost Proposal Points Earned When Using Base Volume Pricing

Please reference Attachment [XX], Bid Sheet Instructions.

When determining points for base volume pricing the same concept is used as those explained above. However, interdependence of the plus level and minus level to the base range bid requires that additional calculations be made in determining the points to be awarded.

DHCS shall assign points to be earned to the plus level, the minus level and the base volume price of each phase or extension of service requested. Each phase extension shall be evaluated separately and compared to the lowest bidder for that phase or extension with each of the three levels compared as described below.

The criteria for evaluating the base volume pricing shall be as follows:

Lowest Bidder’s Base Volume Price ÷ Bidder’s Base Volume Price = Percentage of Points of Assigned Points Available

Percentage of Points Assigned Available X Assigned Points Available = Points Earned
Example:

Phase 1 (Base Volume Range)

Proposer A bids $900,000 for Phase 1 for the Base Volume Range.

Proposer B bids $1,200,000 for Phase 1 for the Base Volume Range.

Maximum Points Available/Assigned 80 Points

Proposer A Earns $900,000 ÷ $900,000 = 100% X 80 Points = 80 Points

Proposer B Earns $900,000 ÷ $1,200,000 = 75% X 80 Points = 60 Points

c. Criteria for Evaluating the Plus Level

The criteria for evaluating the plus level shall be as follows:

The incremental price increase bid shall be multiplied by the maximum number of units on which DHCS shall pay on plus level units. The maximum plus level number of units is calculated as follows.

Maximum Plus Level Units Less Maximum Base Range Level =  Maximum Number of Plus Level Units (Plus Level Payable Units) on which DHCS Shall Pay The Plus Level Payable Units is then multiplied by the bid price for that phase or extension and added to the Base Volume Range Price to determine the evaluation price.

Example

For Phase 1 (Plus Level)

Maximum Base Volume Range 1,000, 000 units.

Maximum Plus Level of production Range 1,200, 000 units

1,200,000 Units - 1,000,000 Units = 200,000 Plus Level Payable Units

Proposer A bids $ 1.00 per plus level unit.

Proposer B bids $ 0.50 per plus level unit.

Proposer A bids $900,000 for Phase 1 for the Base Volume Price.

Proposer B bids $1,200,000 for Phase 1 for the Base Volume Price.

Proposer A $1.00 X 200,000 Plus Level Payable Units = $ 200,000 + $900,000 for Phase 1 for the Base Volume Price = $1,100,000 Evaluation Price.

Proposer b $ 0.50 X 200,000 Plus Level Payable Units = $ 100,000 + $1,200,000 for Phase 1 for the Base Volume Price = $1,300,000 Evaluation Price.

Maximum Points Available/Assigned 30 Points

Proposer A $1,100,000 Lowest Evaluation Price/$1,100,000 A’s Evaluation Price = 1.00 X 30 Points = 30 Points Earn for the Phase 1 Plus Range Bid

Proposer B $1,100,000 Lowest Evaluation Price/$1,300,000 B’s Evaluation Price = .8462 X 30 Points = 25.3680 Points Earn for the Phase 1 Plus Range Bid.

d. Criteria for Evaluating the Minus Level

The criteria for evaluating the minus level shall be as follows:

The incremental price decrease bid shall be multiplied by the maximum number of units by which the minus level may be decreased. The maximum number minus level reduction units is calculated as follows.

Minimum Base Range Level less lowest Minimum Level =  Minimum Number of Minus Level Units (Minus Level Reduction Units) by which DHCS shall reduce the Base Volume Range payment.

The Minus Level Reduction Units is then multiplied by the bid reduction price for that phase or extension and subtracted from the Base Volume Range Price to determine the evaluation price.

Example

For Phase 1 (Minus Level)

Minimum Base Volume Range 900, 000 units.

Minimum Minus Level 800, 000 units

900,000 Units - 800,000 Units = 100,000 Minus Level Reduction Units

Proposer A bids $ 0.05. per minus level units.  

Proposer B bids $ 1.00. per minus level units.

Proposer A bids $900,000 for Phase 1 for the Base Volume Price.

Proposer B bids $1,200,000 for Phase 1 for the Base Volume Price.

Proposer A’s Phase 1 for the Base Volume Price $900,000 - $0.05 X 100,000 Minus Level Reduction Units = $895,000 Evaluation Price.

Proposer B’s Phase 1 for the Base Volume Price $1,100,000 - $1.00 X 100,000 Minus Level Reduction Units =  $1,000,000 Evaluation Price.

Maximum Points Available/Assigned 15 Points

Proposer A $895,000 Lowest Evaluation Price/$895,000 A’s Evaluation Price = 1.00 X 15 Points = 30 Points Earn for the Phase 1 Plus Range Bid

Proposer B $895,000 Lowest Evaluation Price/$1,000,000 B’s Evaluation Price = .8950 X 15 Points = 13.4250 Points Earn for the Phase 1 Plus Range Bid.

The process is repeated for each phase or extension for all base range price bids to which are to be evaluated.

Proposer A bids $ 600,000,000 – Proposer A is the lowest bid.

Proposer B bids $ 800,000,000

Maximum Points Available are 600.0 Points.

Proposer A : $600,000,000 ÷ $ 600,000,000 = 100% x 600.0 Points = Proposer A earns 600.0 Points.

Proposer B: $600,000,000 ÷ $800,000,000 = 75% x 600.0 Points = Proposer B earns 450 Points.

Please note that within the base volume groupings each tier shall be evaluated as separate stand-alone group distinct from each of the other tiers within the grouping. Please reference Attachment 20, Bid Sheet instructions for further information on the tier system.

e. Unscored Areas

Cost Reimbursed items shall not be scored.

5. Stage 5 – Adjustments to Score Calculations for Bidding Preferences/Incentives

a. DHCS will determine which firms, if any, are eligible to receive a bidding preference (i.e., small business or non-small business subcontractor preference, DVBE incentive, etc.)

b. To confirm the identity of the highest overall scored responsive proposal, DHCS will adjust the overall proposal score for applicable claimed preference(s)/incentives for eligible proposers. DHCS will apply preference adjustments to eligible proposers according to State regulations following verification of eligibility with the appropriate office of DGS.

6. Stage 6 – Final Score Calculation

DHCS will use the formula shown below to calculate final proposals’ scores and to determine the overall highest scored proposal.

		Proposal Component	Maximum Possible Score
a		Narrative Proposal Score	[XXX.XX]
b	+	Cost Proposal Score	[XX.XX]
c	+	Preference Points (If Any)	[TBD]
d	=	Overall Proposal’s Total Point Score	[XXX.XX]

The table above shows the maximum points possible, excluding preference points if any. Proposals may receive scores that are less than the maximum shown above.

Option 2 [Include the following language if utilizing a 5-line budget.][TJ32]

A multiple stage evaluation process will be used to review and/or score technical proposals.  DHCS will reject any proposal that is found to be nonresponsive at any stage of evaluation.

1. Stage 1 – Required Attachment / Certification Checklist Review for the Narrative Proposal, RFP Attachment [2a]

a. Shortly after the proposal submission deadline, the DHCS staff will convene to review each Narrative Proposal for timeliness, completeness, and initial responsiveness to the RFP requirements. This is a pass/fail evaluation.

b. In this review stage, DHCS will compare the contents of each Narrative Proposal to the claims made by the proposer on RFP Attachment [2a], Narrative Proposal Required Attachment / Certification Checklist, to determine compliance with Narrative Proposal submission requirements and that the Narrative Proposal contains all required information.

c. If deemed necessary, the PRC may collect additional documentation (i.e., missing forms, missing data from RFP attachments, missing signatures, etc.) from a proposer to confirm the claims made on the Narrative Proposal Required Attachment / Certification Checklist and to ensure that the Narrative Proposal is initially responsive to the RFP requirements.

d. If a proposer’s claims on Attachment [2a], Narrative Proposal Required Attachment / Certification Checklist cannot be proven or substantiated, the proposal, at the Department’s sole discretion, be deemed non-responsive/non-responsible and may be rejected from further consideration.

e. Narrative Proposals shall not include Cost Proposal information such as Bid Sheets, Evaluation Sheets, cost, prices or pricing information related to the contract. If such information is submitted, it may constitute grounds for rejection of the Narrative Proposal as non-responsive/non-responsible.[TJ33]

2. Stage 2 – Narrative proposal evaluation/scoring

a. Proposals that appear to meet the basic format requirements, initial qualification requirements and contain the required documentation, as evidenced by passing the Stage 1 review, will be submitted to a rating committee.

b. Raters will individually and/or as a team review, evaluate and numerically score proposals based on each proposal’s adequacy, thoroughness, and the degree to which it complies with the RFP requirements.

c. DHCS will use the following scoring system to assign points. Following this chart is a list of the considerations that evaluators may take into account when assigning individual points to a Narrative Proposal. [Only assign full point values, do not assign partial points, i.e., .50, .75. 1.5, etc. Do not add additional evaluation levels as doing so will require total revision to all evaluation criteria and point scoring explanations contained in this bid model.]

Points	Interpretation	General basis for point assignment
0	Inadequate*	Proposal response (i.e., content and/or explanation offered) is inadequate or does not meet DHCS’ needs/requirements or expectations. The omission(s), flaw(s), or defect(s) are significant and unacceptable.
1	Barely Adequate	Proposal response (i.e., content and/or explanation offered) is barely adequate or barely meets DHCS’ needs/requirements or expectations. The omission(s), flaw(s), or defect(s) are consequential but are acceptable. The quality of the proposal response is considered to be less than average for a qualified proposer.
2	Adequate	Proposal response (i.e., content and/or explanation offered) is adequate or meets DHCS’ basic needs/requirements or expectations. The omission(s), flaw(s), or defect(s), if any, are inconsequential and acceptable. The proposal response is considered to be of average quality for a qualified proposer.
3	More than Adequate	Proposal response (i.e., content and/or explanation offered) is more than adequate and fully meets DHCS’ needs/requirements or expectations.  No omission(s) or flaw(s) are apparent. The proposal response is not considered outstanding but is above the average quality that is expected from a qualified proposer.
4	Excellent or Outstanding	Proposal response (i.e., content and/or explanation offered) is well above average or exceeds DHCS’ needs/requirements or expectations. Proposer offers one (1) or more enhancing feature, method or approach that will benefit the State. Response represents the best proposal that can be expected of any Proposer. Any present weakness is minor and unrelated to a performance requirement.

                          *Note: A score of zero (0) does not render a Proposer non-responsive/non

                          responsible.

d. In assigning points for individual rating factors, raters may consider issues including, but not limited to, the extent to which a proposal response:

1) Is lacking information, lacking depth or breadth or lacking significant facts and/or details, and/or

2) Is fully developed, comprehensive and has few if any weaknesses, defects or deficiencies, and/or

3) Demonstrates that the Proposer understands DHCS’ needs, the services sought, and/or the contractor’s responsibilities, and/or

4) Illustrates the Proposer’s capability to perform all services and meet all scope of work requirements, and/or

5) If implemented, will contribute to the achievement of DHCS’ goals and objectives, and/or

6) Demonstrates the Proposer’s capacity, capability and/or commitment to exceed regular service needs (i.e., enhanced features, approaches, or methods; creative or innovative business solutions).

e. Below are the point values and weight values for each rating category that will be scored.

[Determine the total points for a rating category (i.e., Executive Summary) by multiplying the number of rating factors (questions) by 4 points.

Determine the weight value of a rating category based on its overall importance among the other rating categories (Executive Summary vs. Proposing Firm’s Capability).

For example, the following weight values are recommended:

0.25 = of very little value (i.e., Executive Summary)

0.50 = of some value (i.e., Facilities and Resources)

0.75 = of average value (i.e., Management Plan)

1.00 = of moderately more value (i.e., Proposing Firm’s Capability)

1.50 = of greater value (i.e., Project Personnel or staffing)

2.00 = of greatest value (i.e., Work Plan outlining methods and approaches)

The above weight values may be altered if necessary to compensate for a disproportionate number of questions in a given rating category.  Do not worry about the point totals. Point limits do not exist when scoring proposals. If there are too many questions in one category and there’s a need to compensate for the difference in another category, adjust the weight values as needed.]

1) Proposals, excluding the Cost Section, will be scored on a scale of 0 to [190] points, as follows: [Enter the point total for the rating categories shown below after weight values are applied)]

Rating Category	Points	X	Weight	=	Total
Executive Summary	20	X	0.25	=	5.0
Proposing Firm’s Capability	40	X	1.00	=	40.0
Work Plan	32	X	2.00	=	64.0
Management Plan	32	X	0.75	=	24.0
Project Personnel	32	X	1.50	=	48.0
Facilities and Resources	12	X	0.75	=	9.0
Oral interview (Optional)	XX				[XX]
Possible Narrative Proposal Total					[190.0]

[The above represents arbitrary points and total scores.]

[To complete the above chart, finalize the rating factors used to score the each narrative proposal, excluding the Cost Section.

Many rating factors are pre-developed for Program use, but some are optional and others may need to be customized to meet unique Work Plan requirements added by the funding Program.

Determine the “Points” by multiplying the number of rating questions in each category by 4.

Calculate the “Total” by multiplying the figure in the “Points” column by the number in the “Weight” column value. Example: 32 x .75 = 24.0.

For example, in the Management Plan Section, 32 points are possible if all model questions (rating factors) are retained. Reduce the number of points earnable by 4 for each model question that is removed or deleted from the Management Plan rating section.]

2) DHCS will consider a proposal technically deficient and nonresponsive if the narrative portion of the proposal earns a score that is less than [XX] points after weighting. Non-responsive proposals will not advance to Stage 3. [This is the passing score that must be earned to go to the cost scoring phase. This score will always be less than the total score earnable.]

[CD recommends setting the passing score by subtracting 15% of the total points possible or 30 or more points from the “Total” possible points (i.e., the points earnable after the weight factor is applied).  Example:  190.0 – 30 = 160.0.]

[It is possible to set a lower or higher passing point if desirable. No particular science is used to set a passing point but most programs want to make an award to the most qualified firm. Do not use the un-weighted “points” column to set the passing score].

[In situations, where competition is minimal and it is believed that few firms are available or eligible to compete, it may be desirable to set a very low passing point (i.e., 70% or less of total TP point) or no passing point to ensure all initially responsive firms advance to the cost scoring stage.]

3. Stage 3 – Scoring the Cost Section

a. Proposers that earned a passing Narrative Proposal score in Stage 2 will have the Cost Section of their proposal scored and/or evaluated according to the process described herein.

[Note: The Blue highlighted number [190] is used repeatedly in the illustration below.  Wherever [190] appear in the sample, the number must stay the same.]

b. The proposal offering the lowest total cost earns [190] Cost points. The remaining proposals earn cost points through the cost conversion formula shown below. Final calculations shall result in numbers rounded to two (2) decimal places.

[Set the Cost point score equal to the earnable Narrative Proposal score. Example, if proposers can earn 190 weighted points in the Narrative proposal evaluation, set the Cost points at 190.]

[Only the lowest proposal cost will earn [190] points. Other proposers offering higher costs will earn a fractional percentage of the total cost points as shown below.]

Lowest Cost   X [190] (Possible cost points) [190] = The other proposer’s cost score

[How this is calculated:

Divide the Lowest Offered Cost by any other proposer’s cost, then multiply the result by [190] and the result equals the other proposer’s cost score]

c. Example for illustration purposes:

[Alter the illustration to reflect the cost points earnable in the actual RFP and adjust the illustration accordingly. The figure “190” will change to match the earnable cost score.]

Lowest cost earns [190] points

$100,000 (lowest cost) ¸ $127,000 (another proposal cost) = .7874 [use 4 decimal places]

.7874 X [190] points = 149.606 rounded to 149.61 (Cost Score of another proposer)

4. Stage 4 – Combining Narrative Proposal Score and Cost Section Score

DHCS will combine the Narrative Proposal score to the final Cost Section score and will tentatively identify the firm with the highest combined proposal score from each of the earlier evaluation stage(s).

5. Stage 5 – Adjustments to Score Calculations for Bidding Preference/Incentives

a. DHCS will determine which firms, if any, are eligible to receive a bidding preference (i.e., small business or non-small business subcontractor preference, DVBE incentive, etc. [add “TACPA” to the list of possible preferences if the total cost will exceed $100,000 and the funding program did not pre-set any part of the work location.]

b. To confirm the identity of the highest scored responsive Proposer, DHCS will adjust the total score for applicable claimed preference(s)/incentives for eligible proposers. DHCS will apply preference adjustments to eligible proposers according to State regulations following verification of eligibility with the appropriate office of the DGS. More information about the allowable bidding preferences appears in RFP Main, Preference and Incentive Programs.

6. Stage 6 – Oral Interview Optional – [Delete this Stage if interviews will not be held.]

[Retain this Stage to reserve the right to conduct optional oral interviews. Including this stage does not obligate the program to conduct oral interviews if interviews are determined not to be necessary. Interviews are generally not needed if there are only 1 or 2 proposing firms or the top proposing firms are known by the State.

When a program chooses to conduct oral interviews, program staff must indicate within the RFP how the program will determine which proposers will be interviewed (i.e., top 4 finalists with the highest total score). Alter the model instruction below to best meet program needs if optional interviews are anticipated.

CD recommends that as many finalists as possible be interviewed to give the proposers an opportunity to increase their total final score. This becomes particularly important if combined Narrative  Proposal and Cost Section scores are close and the addition of oral interview points could alter the outcome of the highest scored proposal.]

DHCS may choose to conduct oral interviews with the top four (4) highest scoring proposers. DHCS may, at its discretion, choose not to conduct oral interviews. The purpose of the oral interview is to assess and/or confirm:

a. The proposer’s understanding of DHCS’ needs and the overall importance of the project.

b. The proposer’s commitment to provide quality services in a timely manner.

c. The proposer’s willingness and ability to establish effective working relationships with State staff.

d. The capabilities and strengths of the proposer’s management team.

e. The soundness and strengths of the proposer’s approach to accomplish the objectives and manage the project to ensure successful completion of all Scope of Work requirements.

[If necessary, modify the above rating factors to reflect the scope of the oral interview and the strengths that will be rated in the interview. Each proposer will earn points based on the effectiveness of their response to questions in this RFP section, therefore it is imperative that program staff not copy the model oral interview rating criteria above unless these criteria fully cover all issues that the program wishes to evaluate during the oral interview process.

If optional interviews are to be conducted, program staff are encouraged to develop a core set of questions to ask of each proposer that will be interviewed. The questions must elicit responses to the issues listed in this RFP section. Ask all proposers the same questions. Determine in advance the relative point value and weight of each question and develop an objective scoring matrix for use by each rater. Programs may not set a minimum passing point for the oral interview and may not use the oral interview as an elimination tool.]

If oral interviews are held, DHCS will evaluate the results of each oral presentation on a competitive basis by comparing the oral presentation responses of one (1) proposer to those of another proposer. Proposers may earn [XX] points for the oral interview stage. The earned oral interview points will be added to the Narrative Proposal score in the final score calculation.

[CD recommends the oral interview point score be set at approximately 1/4 or less of the total weight of the Narrative Proposal  score or Cost Section score. Remember that points added for an oral interview may be viewed by DGS to dilute the value of the Cost score in the final score calculation; therefore, in the final score calculation the total earned interview points are added to the cost score. View the illustration in the next section to see how this works. It is common for interviews to consist of 5-6 questions, each valued at 5 points for a total interview score of 25-30 points.]

If DHCS chooses to conduct oral interviews, the length of each interview should not exceed [XX] hour(s). DHCS anticipates that interviews will be held in [enter City name] during the week of [enter a date]. In addition to the proposer’s official authorized representative(s), DHCS may request the presence of primary and/or key project personnel to attend the interview. If applicable, DHCS will email specific interview requirement information to each of the affected proposers.

[If necessary, modify the above information to accurately reflect facts about the oral interviews (i.e., limit on number of persons, etc.).]

7. Stage [7] – Final Score Calculation [Change to Stage 6 if interviews are not held.]

[This model uses a 70% Narrative Proposal value to a 30% Cost Proposal (or cost component) value.]

[Per SCM Section 5.25B, program staff may not assign a percentage greater than 70% to the narrative proposal value and no less than 30% to the cost proposal (or cost component) value without obtaining advance DGS approval to deviate from State standards. A higher percentage e.g., 60/40 can be applied to show cost is being given reasonable value.]

[If the oral interview stage is deleted, re-label this stage to read 6 instead of 7.]

DHCS will use the formula shown below to calculate final proposal scores and to determine the highest scored proposal.

[If oral interviews are not to be conducted, delete reference to (including interview points)]

a.	Narrative Proposal Score [(including incentives, if applicable, and Interview points)]		x  70% =	Narrative/Technical Score
b.	Cost Section Score		x  30% =	Cost Score
c.		Narrative/Technical Score
	+	Cost Score
	=	Total Point Score

[For Section T, choose either Evaluation Questions OR Narrative/Technical Proposal Rating Factors. Typically, the former is used for larger procurements and the latter is used for smaller procurements.]

T. Evaluation Questions

RFP Attachment [XX], Evaluation Questions provides the specific questions and rating factors that are associated with the Narrative Proposal content requirements that are identified in RFP Main, Narrative Proposal Submission, Format and Content Requirements, and that meet Scope of Work requirements as provided in Exhibit A, Attachments I through [XX]. For the purposes of the evaluation, please read and carefully respond to the mandatory requirements and services listed.

U. Narrative/Technical Proposal Rating Factors

[The rating factors displayed below are generic, match specific proposal content requirements of this model, and may not fully meet program needs. Before using these factors, compare these rating factors to the documentation that proposers are required to submit in the various sections of their proposals as identified in the Proposal Content section. Do not move any rating factor or question to a different rating category or section. Remember, a proposer’s ability to perform a service cannot be rated if the proposer was not instructed to explain their capability or experience in that particular area.]

Raters will use the following criteria to score the narrative/technical portion of each proposal.

1. Executive Summary

Executive Summary Rating Factors [Not to exceed 3 pages] [If applicable, alter the # of pages]		Points Possible	Points Earned
To what extent did the proposer express, in its own words, its understanding of DHCS’ needs and the importance of this project? Assign 1 point or 0 points if the proposer restates or paraphrases information in the RFP.		4
To what extent did the proposer demonstrate the tangible results that it expects to achieve? Assign 1 point or 0 points if the proposer restates or paraphrases information in the RFP.		4
To what extent did the proposer express demonstrates a commitment to perform this work in an efficient and timely manner?		4
To what extent did the proposer demonstrate that it can effectively integrate this project into its current obligations and existing workload?		4
To what extent did the proposer adequately explain why it should be chosen to undertake this project at this time?		4
Executive Summary Score	____ Points earned [XX] x [XX] [XX]=		______

2. Proposing Firm’s Capability

Proposing Firm’s Capability Rating Factors		Points Possible	Points Earned
Upon reviewing the proposer’s description of its business history, to what extent are the proposing firm’s goals relevant, closely related, or will their goals complement this project?		4
From the experience described in its proposal, to what extent does the proposer possess sufficient experience in [complete this sentence by inserting a brief description of each experience type that is listed in the Proposing Firm’s Capability Section [P.4.e.2)]? [Add one rating factor (question) in a separate row like this one for each distinct experience type is listed in the RFP Proposal Content (Proposing Firm’s Capability Section) [P.4.e.2)]. Assign 4 points to each factor added.  For convenience, 4 rows like this are displayed below.  Delete any extra row that is not needed.]		4
From the experience described in its proposal, to what extent does the proposer possess sufficient experience in ……..?		4
From the experience described in its proposal, to what extent does the proposer possess sufficient experience in ……..?		4
From the experience described in its proposal, to what extent does the proposer possess sufficient experience in ……..?		4
From the experience described in its proposal, to what extent does the proposer possess sufficient experience in ……..?		4
Based on a review of the proposer’s information about its prior accounts or work projects in the past [spell out numeral] ([XX]) years, to what extent did the proposer demonstrate that it has performed services that were similar in nature or closely related to the RFP Scope of Work?		4
To what extent did the proposer’s prior clients, as a whole, confirm their satisfaction with the proposer’s past work and did those clients indicate that they would use the proposer’s services again? Optional – [Delete this item if the program does not intend to verify the satisfaction of the proposer’s prior clients by contacting one or more of the proposer’s prior clients and asking them the following question: [How satisfied with [Name of Proposer]’s past work and[A34] services were you and would you use this firm again?]		4
To what extent did the proposer’s prior clients confirm the proposer’s ability to deliver timely and effective services and deliverables? Optional – [Delete this item if the program does not intend to verify the satisfaction of the proposer’s prior clients by contacting one or more of the proposer’s prior clients and asking them the following question: [To what extent did [Name of Proposer] provide timely and effective services and deliverables?]		4
Proposing Firm’s  Capability Score	____ Points earned [XX] x [XX] =		______

[After listing each item that will be rated in the Proposing Firm’s Capability section, tally the total points for this section and enter the total where the [XX] appears across from the Proposing Firm’s Capability heading in section S.2.e.1) of the RFP. If other rating factors are added to this section, remember that each question must directly relate to a requirement that proposers were required to address in the Proposing Firm’s Capability section.

3. Work Plan

[The rating factors in this section are generic and may not fully meet program needs. Programs are encouraged to customize the Work Plan rating factors to address specific SOW requirements or performance expectations. For example, programs may wish to rate the presence of specific activities, or how likely effective results will be achieved based on activities and methods that are proposed.]

Work Plan Rating Factors		Points Possible	Points Earned
To what extent are the proposer’s overall approaches and/or methods comprehensive and/or technically sound?		4
To what extent did the proposer offer a rational basis for choosing its particular approaches and methods (i.e., proven success or past effectiveness)?		4
To what extent are the proposed procedures, methods and approaches appropriate and reasonable (i.e., if implemented are they likely to produce the desired results)?		4
To what extent does the proposer describe in detail the specific actions (i.e., tasks/activities and functions) that the proposer will perform to fulfill all SOW requirements?		4
To what extent will the proposer perform the tasks/activities and functions in a logical order?		4
To what extent are the proposed performance time lines realistic and achievable?		4
To what extent did the proposer adequately demonstrate how it will measure and/or prove the completion of major tasks, functions, or activities (i.e., identification of key events/outcomes or deliverables)?		4
To what extent can the proposer implement a smooth transition of activities with little or no disruption to ongoing services? Optional – [Delete this rating factor if proposers were not required to include a take-over plan for transitioning activities from an existing contractor.]		4
Work Plan Score	____ Points earned [XX] x [XX] =		______

After listing each item that will be rated in the Work Plan Section, tally the total points for this section and enter the total where the [XX] appears across from the Work Plan heading in section [S.2.e.1)] of the RFP. If other rating factors are added to this section, remember that each question must directly relate to a requirement that proposers were required to address in the Work Plan Section.

4. Management Plan

Management Plan Rating Factors		Points Possible	Points Earned
To what extent has the proposer demonstrated its capability to effectively coordinate, manage and monitor the efforts of assigned staff (including subcontractors and consultants) to ensure that work is effectively completed and timely?		4
Upon reviewing the proposer’s description of its fiscal accounting processes and budgetary controls, to what extent are the fiscal processes and controls appear adequate to ensure the responsible use and management of contract funds and accurate invoicing?		4
Upon reviewing the proposer’s description of its fiscal accounting processes and budgetary controls, to what extent can the proposer properly account for state project costs to ensure that only appropriate costs are billed to DHCS?		4
Upon reviewing the proposer’s description of its fiscal accounting processes and budgetary controls, to what extent are the proposer’s fiscal reporting and monitoring capabilities adequate to ensure contract funds are managed responsibly?		4
Upon reviewing the proposer’s description of its fiscal accounting processes and budgetary controls, to what extent has the proposer demonstrated that it will maintain appropriate documentation to prove, support, or substantiate the expenses invoiced to DHCS?		4
Upon reviewing the proposer’s organization chart in the Appendix Section, to what extent is the proposer’s organizational structure sound with distinct lines of authority and reporting relationships between management and all staff including subcontractors and independent consultants?		4
Upon reviewing the proposer’s financial statements in the Appendix Section, to what extent is the proposer financially stable and sound? [Delete this item if the program chose not to collect copies of financial statements.]		4
Upon reviewing the proposer’s financial statements in the Appendix Section, to what extent does the proposer have access to appropriate fiscal resources to carry State expenses for several months while awaiting reimbursement?  [Delete this item if the program chose not to collect copies of financial statements.]		4
Management Plan Score	____ Points earned [XX] x [XX]=		______

[After listing each item that will be rated in the Management Plan section, tally the total points for this section and enter the total where the [XX] appears across from the Management Plan heading in section [S.2.e.1)] of the RFP. If other rating factors are added to this section, remember that each question must directly relate to a requirement that proposers were required to address in the Management Plan section. If program staff opt to rate the two optional issues identified above, staff must make sure proposers are required to submit their financial statements in the Appendix Section of their proposal.

5. Project Personnel

Project Personnel Rating Factors		Points Possible	Points Earned
Upon reviewing the proposer’s staffing plan, to what extent has the proposer allocated a sufficient number of staff in the appropriate position levels or classifications to perform the full range of services?		4
Upon reviewing the proposer’s staffing plan, to what extent has the proposer allocated ample full-time equivalents (FTEs) or percentages of staff time for each position or classification?		4
Upon reviewing the proposed salary rates or ranges and proposed duties for the proposed personnel, to what extent are the salary rates or ranges appropriate in relation to the assigned duties and level of responsibility?		4
Upon reviewing the proposed job descriptions or duty statements for the proposed personnel, to what extent has the proposer reasonably assigned the job responsibilities and tasks among the different personnel?		4
Upon reviewing the proposed job descriptions or duty statements for the proposed personnel (including subcontractors and independent consultants), to what extent has the proposer reasonably divided the work between its in-house resources and proposed subcontractors (including independent consultants)? [If no subcontracting or use of consultants is proposed, up to 4 points will be assigned based on the effectiveness of the proposer’s allocation of tasks to its in-house personnel.]		4
Upon reviewing the job descriptions and resumes of the proposed staff [excluding the project director(s)/administrator(s) or project coordinator(s)], to what extent do the proposed personnel possess the qualifications and expertise needed to perform the assigned duties?		4
Upon reviewing the job descriptions and resumes of the proposed project director(s)/administrator(s) or project coordinator(s), to what extent do the proposed personnel possess the qualifications, past experience and expertise needed to carry out their assigned responsibilities?		4
Upon reviewing the proposer’s administrative policies and procedures, to what extent will the policies/procedures lead to the recruitment and selection of qualified, competent and experienced staff, subcontractors and/or independent consultants for this project?		4
Project Personnel Score	____ Points earned [XX] x [XX]=		______

[After listing each item that will be rated in the Project Personnel section, tally the total points for this section and enter the total where the [XX] appears across from the Project Personnel heading in section [S.2.e.1)] of the RFP. If other rating factors are added to this section, remember that each question must directly relate to a requirement that proposers were required to address in the Project Personnel section.]

6. Facilities and Resources

Facilities and Resources Rating Factors		Points Possible	Points Earned
To what extent does the proposer have access to office facilities that are sufficient to enable performance of the scope of work? [Delete this item if the proposer will be required to use State facilities.]		4
To what extent does the proposer have access to adequate support services and other resources that are needed to ensure successful performance? [Delete this item if the proposer will be required to use State facilities and will not be required to provide its own support services and equipment.]		4
To what extent does the proposer possess or have access to the following specific resources needed to ensure successful performance [identify the specific required resources such as configuration for computers, servers, software, etc.]? [Delete this item if the funding program did not specify certain resources that each proposer must possess or have access to perform the work such as pre-identified hardware and/or software, etc. If applicable, add additional rows to rate the possession of separately specified resources.]		4
Facilities and Resources Score	____ Points earned [XX] x [XX]=		______

[After listing each item that will be rated in the Facilities and Resources section, tally the total points for this section and enter the total where the [XX] appears across from the Facilities and Resources heading in section [S.2.e.1)] of the RFP. If other rating factors are added to this section, remember that each question must directly relate to a requirement that proposers were required to address in the Facilities and Resources section.]

[Include the following language for all procurement types.]

V. Proposal Requirements and Information

1. Non-responsive/non-responsible proposals

In addition to any condition previously indicated in this RFP, the following occurrences may cause DHCS to deem a proposal non-responsive/non-responsible.

a. Failure of a Proposer to:

1) Meet DVBE participation goals for the full percentage amount of [XX]%.

2) Meet proposal submission, format, and content requirements as stated in RFP Main, [XX].

3) Pass the Required Attachment / Certification Checklists for the Narrative Proposal (RFP Attachment 2a) and Cost Proposal (RFP Attachment 2b) Compliance Review.

4) Submit all applicable attachments listed in RFP Main, [XX] Content Requirements, Attachments, and all applicable certifications as required in RFP Main, Qualification Requirements. 

b. Attend a mandatory Pre-Proposal [Conference] [Teleconference] [Webinar]. If a proposer submits a proposal that is conditional, materially incomplete or contains material defects, alterations or irregularities of any kind.

c. If a proposer submits a proposal that is conditional, materially incomplete, or contains material defects, alterations, or irregularities of any kind.

d. If a proposer supplies false, inaccurate, or misleading information, or falsely certifies compliance on any RFP attachment or certification.

e. If DHCS discovers, at any stage of the procurement process or upon contract award, that the proposer is unwilling or unable to comply with the contract terms, conditions, and exhibits cited in this RFP or the resulting contract.

f. If other irregularities occur in a proposal response that is not specifically addressed herein (i.e., the proposer places any conditions on performance of the SOW, submits a counter proposal, etc.).

2. Proposal modifications after submission

a. All proposals are to be complete when submitted. However, an entire proposal may be withdrawn and the proposer may resubmit a new proposal prior to the proposal submission deadline.

b. To withdraw and/or resubmit a new proposal, follow the instructions appearing in the RFP Main, Withdrawal and/or Resubmission of Proposals.

3. Withdrawal and/or Resubmission of Proposals

a. Withdrawal deadlines

A proposer may withdraw a proposal at any time before the proposal submission deadline.

b. Submitting a withdrawal request

1) Submit either a written withdrawal request, signed by an authorized representative of the proposer, or an email containing the withdrawal request. An original, hard copy, signed withdrawal request must follow an email request within three (3) State work days of the receipt of the email request. [TJ35]

2) Label and send the withdrawal request to DHCS in accordance with instructions in RFP Main, Section B, Sole Point of Contact and Address, and Section C, Submission of Proposals and Other Related Documents.

3) An originally signed withdrawal request is generally required before DHCS will return a proposal to a proposer. DHCS may grant an exception if the proposer informs DHCS that a new or replacement proposal will immediately follow the withdrawal.

c. Resubmitting a proposal

After withdrawing a proposal, proposers may resubmit a new proposal according to the proposal submission instructions. Replacement proposals must be received at the stated place of delivery by the proposal submission deadline.

4. Contract Award and Protests [If program is not PCC exempt] Appeals [If program is PCC exempt]

a. Contract award

1) Award of the contract, if a contract is awarded, will be to the responsive and responsible proposer who earns the highest total score. The highest scored proposal will be determined after DHCS adjusts proposers’ scores for applicable bidder preferences and/or incentives.

2) DHCS will award the contract only after it posts a Notice of Intent to Award for five (5) State work days. If DHCS finds a need to alter the date for posting the Notice of Intent to Award, either an Addendum or Administrative Bulletin will be issued with an alternate time line.

3) DHCS will email a written notification and/or a copy of the Notice of Intent to Award to all firms that submitted a proposal. The[A36] [TJ37] public will be able to view the Notice of Intent to Award on the Contracts Division website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx

4) DHCS will confirm the contract award to the successful proposer after the [protest] [If program is not PCC exempt] [appeal] [If Program is PCC exempt] deadline, if no [protests] [If Program is not PCC exempt] [appeals] [If Program is PCC exempt] are filed, or following [DGS’s] [If Program is not PCC exempt] [DHCS’s] [If Program is PCC exempt] resolution of all [protests] [If Program is not PCC exempt] [appeals] [If Program is PCC exempt]. DHCS staff may confirm an award verbally or in writing.

b. Settlement of Ties

1) In the event of a precise total high score tie between a responsive/responsible proposal submitted by a certified small business or microbusiness and a responsive/responsible proposal submitted by a certified DVBE that is also a certified small business, the contract will be awarded to the DVBE firm, per California Government Code Section 14838(f) et seq.

2) In the event of a precise total high score tie between a responsive/responsible proposal submitted by a firm that was granted non-small business subcontractor preference and a responsive/responsible proposal submitted by a certified small business or microbusiness, the contract will be awarded to the certified small business or microbusiness.

3) In the event of a precise total high score between a responsive/responsible proposal submitted by a Non-profit Veteran Service Agency (NVSA) that is a certified small business and a responsive/responsible proposal submitted by a certified DVBE that is also a certified small business, the contract will be awarded to the certified DVBE.

4) In the absence of a California law or regulation governing a specific tie, DHCS will settle all other precise total high score ties by making an award to the proposer who earns the highest Narrative Proposal score. If Narrative Proposal scores are also tied, DHCS will settle the tie in a manner that DHCS determines to be fair and equitable (e.g., coin toss, lot drawing, etc.). In no event will DHCS settle a tie by dividing the work among the tied proposers.

[Include the following language for programs that are not PCC exempt from competitive bidding.]

c. Protests

1) Who can protest

Any proposer who submits a proposal may file a protest if the proposer believes its proposal is responsive to all RFP requirements.

2) Grounds for protests

OPTION 1 – Single Award

Protests are limited to the grounds described in Public Contract Code (PCC) Section 10345. DHCS will not make an award until all protests are withdrawn by the protestant, denied, or resolved to the satisfaction of DGS.

OPTION 2 – Multiple Awards made to different geographic areas

[If multiple awards are possible, insert alternate instructions after the first sentence above, such as:]

DHCS will not make an award in a specific geographic service area until all protests against the award for that geographic service area are withdrawn by the protestant(s), denied, or resolved to the satisfaction of DGS. The receipt of a protest against an award in one (1) geographic service area shall not hinder, delay, or prevent an award in another geographic service area. [Delete this paragraph if multiple geographic area awards will not be made.]

3) Protest time lines

a. If an eligible proposer wishes to protest the intended contract award, the proposer must file an original and signed, according to instructions herein, Notice of Intent to Protest within five (5) State work days after DHCS posts the Notice of Intent to Award. A USPS postmark will not serve as proof of timely delivery. The Notice of Intent to Protest may be quite brief. Any Notice of Intent to Protest filed more than five (5) State work days after DHCS posts the Notice of Intent to Award shall be deemed untimely.

b. Within five (5) calendar days after filing a Notice of Intent to Protest, the protestant must file with both DHCS and DGS a full and complete written protest statement identifying the specific grounds for the protest. A USPS postmark will not serve as proof of timely delivery. The statement must contain, in detail, the reason(s), law(s), rule(s), regulation(s), or practice(s) that the protestant believes DHCS has improperly applied in awarding the contract.

4) Submitting a protest

a) Protests must be filed timely with both DGS and DHCS/CD. Proposers may hand deliver, [If accepting hard copy in person], mail or fax to DGS, and hand deliver [If accepting hard copy in person], mail, email or fax to DHCS/CD a protest.

b) Label, address, and submit both the Notice of Intent to Protest and the full and complete protest statement using the instructions stated in RFP Main, Section B. Sole Point of Contract and Address, and Section C. Submission of Proposals and Other Related Documents when submitting to DHCS/CD. Input as the Subject line: Protest to DHCS RFP [#XX-XXXXX], [Project Name] procurement.

To DGS:                                                                                                             

USPS Mail, Hand Delivery or Overnight Express:

Department of General Services

Office of Legal Services

Attention: Protest Coordinator

RE: Protest to DHCS RFP [#XX-XXXXX]

[Project Name] procurement.

707 Third Street, 7^th Floor, Suite 7-330

P.O. Box 989052

West Sacramento, CA 95798-9052

Fax:

Department of General Services

Office of Legal Services

Attention: Protest Coordinator

RE: Protest to DHCS RFP [#XX-XXXXX]

[Project Name] procurement.

Fax: (916) 376-5088

To DHCS/CD:

USPS Mail, Hand Delivery or Overnight Express:

Department of Health Care Services

Contracts Division

RE: Protest to DHCS RFP #[XX-XXXXX]

[Project Name] Procurement.

1501 Capitol Avenue, Suite [71.XXXX]

P.O. Box 997413, Mail Stop [XXXX]

Sacramento, CA 95899-7413

Email:

To: CDRFP[XX]@dhcs.ca.gov

Subject: Protest to DHCS RFP [#XX-XXXXX]

[Project Name] Procurement.

Fax:

Department of Health Care Services

Contracts Division

RE: Protest to DHCS RFP #[XX-XXXXX]

[Project Name] Procurement.

Fax: 916-440-5111

Every protest faxed to DGS and/or emailed to DHCS/CD must be followed-up by sending an original signed[TJ38] protest (according to instructions herein), with all supporting material, within seven (7) calendar days of submitting the faxed and/or emailed protest.

Call the telephone numbers below to confirm receipt of a fax and/or email transmission:

Department of General Services	(916) 376-5080
Department of Health Care Services, Contracts Division	(916) 552-8006

5) Protest process

a) Only timely and complete protests that comply with the instructions herein may be considered. At its sole discretion, DHCS reserves the right to collect additional facts or information to aid in the resolution of any protest.

[If Program is exempt from PCC, include the following language for appeals instead of protests.]

d. Appeals

1) Who can appeal

Any Proposer who submits a proposal may file an appeal if the proposer believes its proposal is responsive to all RFP requirements.

2) Grounds for appeals

Appeals are limited to the grounds described in PCC Section 10345. DHCS will not make an award until all appeals are withdrawn by the appellant, denied, or resolved to the satisfaction of the Hearing Officer.

3) Appeal time lines

a) If an eligible Proposer wishes to appeal the intended Contract award, the Proposer must file an original and signed, according to instructions herein, Notice of Intent to Appeal, which must be received by DHCS within five (5) State work days after DHCS posts the Notice of Intent to Award. A USPS postmark will not serve as proof of timely delivery. The Notice of Intent to Appeal may be quite brief. Any Notice of Intent to Appeal filed more than five (5) State work days after DHCS posts the Notice of Intent to Award shall be untimely.

b) Within five (5) calendar days after filing a Notice of Intent to Appeal, the appellant must file a full and complete written appeal statement identifying the specific grounds for the appeal. A USPS postmark will not serve as proof of timely delivery. The statement must contain, in detail, the reason(s), law(s), rule(s), regulation(s), or practice(s) that the appellant believes DHCS has improperly applied in awarding the contract.

4) Submitting an appeal

a) Appeals must be filed timely with DHCS/CD. Proposers may hand deliver, [If accepting hard copy in person], mail, email, or fax to DHCS/CD an appeal.

b) Label, address, and submit both the Notice of Intent to Appeal and the full and complete appeal statement using the instructions stated in RFP Main, Section B. Sole Point of Contract and Address, and Section C. Submission of Proposals and Other Related Documents when submitting to DHCS/CD. Input as the Subject line: Appeal to DHCS RFP [#XX-XXXXX], [Project Name] procurement.

To DHCS/CD:

USPS Mail, Hand Delivery or Overnight Express:

Department of Health Care Services

Contracts Division

RE: Protest to DHCS RFP #[XX-XXXXX] [Project Name] Procurement.

1501 Capitol Avenue, Suite [71.XXXX]

P.O. Box 997413, Mail Stop [XXXX]

Sacramento, CA 95899-7413

Email:

To: CDRFP[XX]@dhcs.ca.gov

Subject: Protest to DHCS RFP [#XX-XXXXX] [Project Name] Procurement.

Fax:

Department of Health Care Services

Contracts Division

RE: Protest to DHCS RFP [#XX-XXXXX] [Project Name] Procurement.

Fax: 916-440-5111

Every appeal faxed and/or emailed to DHCS/CD must be followed-up by sending an original signed, according to instructions herein, appeal, with all supporting material, within seven (7) calendar days of submitting the faxed and/or emailed appeal.

Call the telephone numbers below to confirm receipt of a fax and/or email transmission:

Department of Health Care Services, Contracts Division

(916) 552-8006

5) Appeal process

a) Only timely and complete appeals that comply with the instructions herein may be considered. At its sole discretion, DHCS reserves the right to collect additional facts or information to aid in the resolution of any appeal.

b) A Hearing Officer appointed by the Director or his/her designee shall review each timely and complete appeal. The Hearing Officer may request other entities (to include CD and/or the winning Proposer) to submit a Response to Appellant’s Written Appeal Statement. The Hearing Officer shall resolve the appeal by considering the contents of the Appellant’s Written Appeal Statement and any Responses thereto.

c) The decision of the Hearing Officer shall be final and there will be no further administrative appeal.

[Include the following language for all procurement types.]

5. Disposition of proposals

a. All materials submitted in response to this RFP will become the property of DHCS and, as such, are subject to the California Public Records Act (PRA) (California Government Code (GC) Section 6250, et seq.). DHCS will disregard any language purporting to render all or portions of any proposal confidential.

b. Upon posting of a Notice of Intent to Award, all documents submitted in response to this RFP and all documents used in the selection process (e.g., review checklists, scoring sheets, letters of intent, etc.) will be regarded as public records under the California PRA (California GC Section 6250 et seq.) and subject to review by the public. However, these documents shall be held in the strictest confidence until the Notice of Intent to Award is posted.

6. Inspecting or Obtaining Copies of Proposals

a. Who can inspect or copy proposal materials

Any person or member of the public can inspect or obtain copies of any proposal materials.

b. What can be inspected and/or copied and when

[Choose the numbered items to include or exclude based on the instructions below.]

1) After the Pre-Proposal Conference, the sign-in or attendance sheet is a public record and will be available for inspection or copying. [Delete this item if no conference/teleconference/webinar will be held, if the Pre-Proposal Conference/teleconference/webinar is mandatory, or if there is reason to believe that the identity of viable proposers is likely to be exposed due to the limited number of potential competing firms. See the issues explained in 1) above.below.]

1) After DHCS releases the RFP, any existing Proposers List (i.e., list of firms or persons to whom this RFP is sent or released by the funding program) or information obtained from DGS on the firms or persons that downloaded this RFP from a DGS website is considered a public record and will be available for inspection or copying. [TJ39]

1) After the Proposer Conference, the sign-in or attendance sheet is a public record and will be available for inspection or copying. [TJ40]

2) On or after the date DHCS posts the Notice of Intent to Award, all proposals, Proposers Lists, conference sign-in/attendance sheets, letters of intent, checklists and/or scoring/evaluation sheets become public records. These records shall be available for review, inspection and copying during normal business hours.

[It is safe to share a Proposers List and/or DGS download list only if the number of firms/persons on one or both lists is voluminous and is not a likely indicator of which firms/persons may submit a proposal.[A41] [TJ42] [TJ43]

For example, if the Proposers List and/or RFP download list have a total of 20 names and only a 2 or 3 of those names are truly viable competitors and there is reason to believe that this is a known fact, then it is advisable not to release either list until after the Notice of Intent to Award is posted.

On the other hand, if the Proposers List and/or RFP download list together are comprised of many names (i.e., more than 40) and a fair percentage of the names include potentially viable competitors, neither list, alone or together, is likely to reveal the identity of the bidding firms, therefore it would be safe to share either or both lists[A44] .

It is wise to delay releasing the Proposers List and/or RFP download list until after the length or volume both lists and the number of potential bidders is known, then determine the feasibility of releasing the lists based on the instructions herein.[A45] ]

How to Address Requests by Potential DVBE/Small Business Subcontractors when a Proposers List or RFP download list is not released

Program Staff that elect not to share a Proposers List and/or RFP download list may be confronted with requests from potential subcontractors and/or suppliers including DVBEs and small businesses that wish to have their business information shared with potential prime contractors/bidders. When or if this occurs, it will be the Program’s responsibility to address this circumstance by following the guidelines outlined in the next paragraph.

In the interest of stimulating and encouraging the use of DVBE and small businesses by potential prime contractors, Program Staff are to collect from each potential subcontractor/supplier basic business information including but not limited to business name, physical mailing address, email address, telephone or cell phone number, email, and basic service/supplier information or brochure. The business information collected is to be passed on in a timely manner to all firms/persons on the Proposers List and RFP download list. Since subcontractor/supplier interest is not likely to occur at a single time, the effort described herein may need to be repeated on multiple occasions.[A46] [TJ47] ]

c. How to obtain proposal materials for inspection or copying

1) Persons wishing to obtain and/or inspect any proposal or award-related materials must identify the items they wish to obtain and/or inspect, and submit a request by email to PRARequest@dhcs.ca.gov.

2) Proposer Packages are available upon request.

7. Verification of Proposer information

By submitting a proposal, proposers agree to authorize DHCS to:

a. Verify any and all claims made by the proposer including, but not limited to, verification of prior experience and the possession of other qualification requirements; and

b. Check any and all references identified by a proposer or other resources known by DHCS to confirm the proposer’s business integrity and history of providing effective, efficient and timely services.

8. DHCS rights

In addition to the rights discussed elsewhere in this RFP, DHCS reserves the following rights.

a. RFP corrections

1) DHCS reserves the right to do any of the following up to the proposal submission deadline:

a) Modify any date or deadline appearing in this RFP or the RFP Time Schedule.

b) Issue Clarification Request Letters, RFP Addenda, and Administrative Bulletins.

c) Waive any RFP requirement or instruction for all proposers if DHCS determines that the requirement or instruction was unnecessary, erroneous or unreasonable.

d) Allow proposers to submit questions after the initial Proposer Question deadline (see RFP Main, Proposer Questions) about any RFP change, correction or RFP Addenda released through the Administrative Bulletin process. Specific instructions will appear in the Administrative Bulletin accompanying the RFP Addenda or other RFP material such as Questions and Answers.

2) If deemed necessary by DHCS to remedy an RFP error or defect that is not detected in a timely manner, DHCS may also issue RFP Addenda or waive any unnecessary, erroneous, or unreasonable RFP requirement or instruction after the proposal submission deadline.

3) DHCS will post on the CD website all RFP clarifications, corrections, changes and updates issued via an Administrative Bulletin, including changes to the Time Schedule, Questions and Answers, and Addenda. All Interested Parties are encouraged to monitor the CD website.

4) [Insert one of the optional statements below.]

Option 1 - [Use of a Voluntary Letter of Intent Only]

If DHCS decides, just before or on the proposal submission deadline, to extend the submission deadline, DHCS may choose to notify potential proposers of the extension by email or by telephone. DHCS will follow-up any verbal notice in writing by email or by posting a notice to the Cal eProcure website.

Option 2 - Use of a Mandatory Letter of Intent

DHCS will email written Clarification Request Letters and/or RFP addenda only to those persons and entities that submit a timely mandatory Letter of Intent.

If DHCS decides, just before or on the proposal submission deadline, to extend the submission deadline, DHCS may choose to notify persons or entities who submitted a timely mandatory Letter of Intent of the extension by email or by telephone. DHCS will follow-up any verbal notice in writing by email, or by posting a notice to the Cal eProcure website.

[Include the following language in all procurement documents.]

5) If, after the Proposal Submission deadline, it is discovered the posting of the Notice of Intent to Award will be delayed, DHCS reserves the right to issue an Administrative Bulletin to all firms and individuals that submitted a proposal. The correction notice will announce an alternate Notice of Intent to Award posting date, alternate Protest [If Program is not PCC exempt] Appeal [If Program is PCC exempt] Deadline, and/or alternate Contract Award Date. This information will be posted on Cal eProcure.

[Include the following language in paragraphs 6) and 7) if the procurement project if the funding amount and/or budgeted amount as stated in the cover letter is less than the amount bid.][TJ48]

6) DHCS reserves the right to deem a proposal non-responsive/non-responsible if the amount bid for any budget period or the grand total bid amount exceeds DHCS’ stated funding limit(s) for any budget period or total anticipated funding as cited in the cover letter that accompanied the RFP or if the total bid amount exceeds funding limit cited in Contract State Contract Register ad in Cal eProcure. [The wording of this statement may need to be revised if funding limits are not stated in the cover letter or the bid document. An award generally cannot be made to any firm that offers a total price that exceeds the funding limit identified in the CSCR advertisement.]

7) DHCS reserves the right not to review a proposal response or make a contract award if the amount bid for any budget period or the grand total bid amount exceeds DHCS’ stated funding limit(s) for any budget period or total anticipated funding as cited in the cover letter that accompanied the RFP or if the total bid amount exceeds funding limit cited in Contract State Contract Register ad in Cal eProcure. [The wording of this statement may need to be revised if funding limits are not stated in the cover letter or the bid document. An award generally cannot be made to any firm that offers a total price that exceeds the funding limit identified in the CSCR advertisement.]

8) DHCS reserves the right to deem a proposal non-responsive if a proposer rejects any task, activity, and/or function as required in the Contract or exhibit. Upon execution of the Contract the proposer may not assert that any part, section and/or language in their Proposal rejects a task, activity and/or function.

9) DHCS reserves the right to deem a proposal non-responsive/non-responsible if a proposer declines to accept the terms and conditions outlined in this RFP and its exhibits or if a proposer submits alternate contract and/or exhibit language that DHCS considers a counter proposal.

10) At its sole discretion, DHCS reserves the right to cancel this procurement at any time and not make an award.

b. Collecting information from proposers

1) During or after the proposal review and evaluation process, DHCS may ask a Proposer to clarify information submitted in their proposal. In such a case, DHCS will send a written Clarification Request Letter. The response of a proposer to the Clarification Request Letter will not change the proposal submission. DHCS’ waiver of any immaterial deviation or defect shall in no way modify the RFP documents or excuse the proposer from full compliance with the RFP specifications if awarded the Contract.

2) The seeking of clarification from proposers may cause DHCS to extend the date for posting the Notice of Intent to Award. If DHCS changes the posting date, DHCS will advise the proposers in writing of the alternate posting date, or by providing a link to the information posted on Cal eProcure. [TJ49]

c. Immaterial proposal defects

1) DHCS may waive any immaterial defect in any proposal and allow the proposer to remedy those defects. DHCS reserves the right to use its best judgment to determine what constitutes an immaterial deviation or defect.

2) DHCS’ waiver of an immaterial defect in a proposal shall in no way modify this RFP or excuse a proposer from full compliance with all bid requirements.

d. Correction of clerical or mathematical errors

1) DHCS reserves the right, at its sole discretion, to overlook, correct or require a proposer to remedy any obvious clerical or mathematical errors occurring in the Narrative Proposal or in the Cost Proposal [If using these], in a Cost Proposal form, or on a Budget Detail Work Sheet [If using this form or sheet].

2) If the correction of an error results in an increase or decrease in the total price, and a unit price pursuant to [V.8.d.4]), below, is not provided, DHCS shall give the proposer the option to accept the corrected price or withdraw their proposal.

3) [If using Cost Proposal forms or Budget Detail Work Sheets, include the following language.] Proposers may be required to acknowledge and initial corrections to costs and dollar figures on any Cost Proposal form or Budget Detail Work Sheet that contains mathematical errors.

4) If a mathematical error occurs in a total or extended price and a unit price is present, DHCS will use the unit price to settle the discrepancy.

e. Right to remedy errors

DHCS reserves the right to remedy errors caused by:

1) DHCS office equipment malfunctions or negligence by agency staff.

2) Natural disasters (e.g., floods, fires, earthquakes, etc.).

f. No contract award or RFP cancellation

The issuance of this RFP does not constitute a commitment by DHCS to award a contract. DHCS reserves the right to reject all proposals and to cancel this RFP if it is in the best interests of DHCS to do so.

g. Contract amendments after award

As provided in the PCC governing contracts awarded by competitive bid, DHCS reserves the right to amend the contract after DHCS makes a contract award.

h. Full Funding

If full funding does not become available, is reduced, or DHCS determines that it does not need all of the services described in this RFP, DHCS reserves the right to offer an amended contract for reduced services.

i. Proposed use of subcontractors and/or consultants

Specific subcontract and/or consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor and/or consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

j. Staffing changes after contract award

DHCS reserves the right to approve or disapprove changes in key personnel that occur after DHCS awards the contract.

W. Preference and Incentive Programs

To confirm the identity of the highest scored responsive/responsible proposer, DHCS will adjust the total point score for applicable claimed preference(s). Bidding preferences shall not be applied to proposals that fail to pass Attachment 2a, Attachments / Certification Checklist (RFP Narrative Proposal) or Attachment 2b, Attachments / Certification Checklist (RFP Bid Proposal [If using 5-Line budget] Cost Proposal [If using Bid Sheets]) Compliance Reviews [Include the following language if requiring a minimum passing score during the Narrative Proposal scoring process] or fail to earn a minimum passing score during the narrative proposal scoring process. DHCS will apply preference adjustments to eligible proposers according to State regulations following on-line or personal verification of eligibility with DGS.

1. Small Business / Microbusiness Preference

a. A responsive/responsible California small business or microbusiness proposer claiming preference and verified as a certified small business or microbusiness in a relevant business category or type will be granted a preference of five percent (5%) of the total point score earned by the responsive/responsible proposer with highest combined score, if the highest scored proposal is submitted by a non-small business. Non-small business means a responsive/responsible proposer that is not certified by DGS as a California small business or microbusiness in a business category or type that is relevant to this procurement. Non-profit Veteran Service Agencies (NVSA) are to view the instructions in provision 3 of this section (Preference and Incentive Programs).

b. To be certified as a California small business or microbusiness and eligible for a bidding preference, the business must meet the State’s eligibility requirements and must have applied for small business status no later than 5:00 p.m[TJ50] . PT on the date of the proposal submission deadline.

c. Firms desiring small business or microbusiness certification must follow DGS’ certification instructions and apply for certification. Prospective Proposers desiring small business certification or microbusiness assistance may contact DGS by the following means:

1) Phone: (916) 375-4940 (Small business assistance) or (800) 559-5529 (live operator central receptionist).

2) Internet: Office of Small Business and DVBE Services (OSDS) Homepage

3) Fax: (916) 375-4950

4) Email: OSDShelp@dgs.ca.gov

2. Non-Small Business Subcontractor Preference

a. Non-small business means a responsive/responsible proposer that is not certified by DGS as a California small business or microbusiness in a relevant business category or type. However, the proposer may use small business subcontractors to claim this preference.

b. If the responsive/responsible proposer earning the highest total score is not a certified small business or microbusiness in a relevant business category or type, a bid preference up to five percent (5%) is available to a responsive/responsible non‑small business proposer committing twenty‑five percent (25%) small business subcontractor-use of one (1) or more DGS-certified small businesses. When applicable, the preference points will be calculated pursuant to the regulations in Title 2, CCR § 1896.8 and will be added to total score of an eligible non-small business. This preference is authorized pursuant to Title 2, CCR § 1896.2 and California GC § 14835.

c. If a proposer claims the non‑small business subcontractor preference, the proposal response must identify each proposed small business subcontractor that will be used, the participation percentage and dollar amount committed to each identified small business subcontractor, and substantial proof to enable verification of each subcontractor’s small business status. The total small business subcontractor use must equal no less than twenty‑five percent (25%) of the total cost offered.

d. At the time of proposal submission, each proposed small business subcontractor must possess an active small business certification issued by DGS, must perform a “commercially useful function” under the contract, and the basic functions to be performed must be identified in order to be granted preference.

e. To request the non-small business subcontractor preference, complete RFP Attachment [XXa], Non-Small Business Subcontractor Preference Request and RFP Attachment [XXb], Small Business Subcontractor/Supplier Acknowledgement. Submit RFP Attachment [XXa] and RFP Attachment [XXb] in the Cost Proposal package as stated in RFP Main, Cost Proposal Submission, Format and Content Requirements.

f. Small business and microbusiness proposers qualified in accordance with California GC Section 14838(f), shall have precedence over non-small business bidders in that the application of a bidder preference for which non-small business bidders may be eligible under this section or any other provision of law shall not result in the denial of the award to a small business or microbusiness bidder.

g. Any firm that claims and is granted non-small business Subcontractor preference cannot use its preference points to displace an award to a certified small business or microbusiness.

3. Non-profit Veteran Service Agency Small Business Preference

a. Pursuant to Military and Veteran Code Section 999.50 et seq., responsive/responsible NVSAs claiming small business or microbusiness preference and verified as such in the relevant service category or business type prior to the proposal submission deadline will be granted a preference up to five percent (5%) of the highest score, if the highest scored responsive/responsible proposal is submitted by a proposer not certified as a small business or microbusiness in a relevant category or type.

b. To be eligible for the NVSA small business preference, the business concern must:

1) Request small business preference at the time of proposal submission; and

2) Become certified as a small business by DGS prior to the proposal submission deadline.[A51]

4. Disabled Veteran Business Enterprise Incentive

a. Disabled Veteran Business Enterprise Participation and Incentive Requirement

[If DVBE participation is required for this project, include the following sentence.]

This procurement is subject to a Disabled Veteran Business Enterprise (DVBE) participation goal of XX%. [Insert the amount of DVBE participation that will apply to this solicitation.] 

[Delete the above sentence entirely if DVBE participation is waived by CD for this procurement and include the following language in its place.]

The requirement for use of Disabled Veteran Business Enterprise (DVBE) participation is waived for this procurement; however, DVBE participation is highly encouraged and, if utilized, the percentage usage amount above [spell out numeral] percent (XX%) will qualify the Bidder for the DVBE incentive.

A responsive/responsible California DVBE must be verified by DGS as a certified DVBE business in a relevant business category or type at the time of proposal submission.

Pursuant to California laws and regulations, a DVBE incentive in the form of points will be added to the sum of the Narrative Proposal score (non-cost score) of responsive/responsible proposers that provide for utilization of California-certified DVBEs. The application of the DVBE incentive is for evaluation purposes only. The maximum DVBE incentive allowed is five percent (5%) of the total possible points. The DVBE Incentive Scale below illustrates the earnable incentive points based on the amount of DVBE participation in excess of [spell out numeral] percent ([XX]%).

[If DVBE participation applies, insert the amount of DVBE participation that applies to this solicitation i.e., between .5% up to 3%.  Set the percentage based on the amount of probable DVBE use that is achievable for the services being procured. If DVBE participation applies, the percent entered here must match the percent cited in the Cover Letter and in Item [N.7]of the Qualification Requirements[A52] section.] 

[DHCS is unlikely to waive the DVBE incentive even if DVBE participation is waived. If DVBE participation is waived for the procurement, enter 3% in the paragraph above. What this means is that proposers that voluntarily achieve more than 3% DVBE use will be granted a DVBE incentive based on an incentive scale that appears in the RFP if they meet all other DVBE requirements.]

[In setting DVBE usage requirements, staff are cautioned to set a conservative DVBE use percentage under a service contract in which DVBE suppliers might be used. The commodities to be supplied by a DVBE may only be used to perform work under DHCS’ service contract; therefore, the full cost of general office supplies, copy paper, copiers, fax machines, CPUs, etc., are difficult to fully claim for DVBE use if the items could potentially be used by the contractor to perform work outside of the contract awarded under a bid. DGS has also argued that DVBE use must be apportioned for items whose useful life will extend beyond the contract term or if the DVBE supplied items might be used by the Contractor to perform other work.]

In calculating the evaluation scores, the Department will use the print values of the RFP Attachments. Proposers using an Excel© calculated value may find small rounding score differences in multiplied scores based on the extended place values of an Excel© calculation.

b. Application of the DVBE Incentive

Points will be added to the Narrative Proposal (non-cost) score of an eligible proposer by the applicable DVBE incentive percentage as computed on the total possible points earnable for both the Narrative Proposal score and Cost Proposal score, when a proposer:

1) Commits participation or use of DVBEs in excess of [spell out numeral] percent ([XX]%) to perform commercially useful functions under the resulting contract. To demonstrate DVBE participation, proposers are to: [The percentage entered here must match the percent cited in the Cover Letter and in Item [XX] of the Qualification Requirements section. Enter 3% only if mandatory DVBE participation is waived.]

a) Follow the DVBE participation form completion instructions in RFP Attachment [XX] and include the applicable DVBE form(s), RFP Attachments [XXa] and/or [XXb] with the Cost Proposal[A53] [TJ54] .

b) DVBE participation commitments must be acknowledged and confirmed via submission of RFP Attachment [XX], Bidder Declaration.

2) When responsive/responsible proposers claim and are deemed eligible for the small business preference and/or the DVBE incentive, or both, the small business preference will be applied first.

3) The DVBE incentive adjustment for this procurement may not exceed five percent (5%) of the total possible points.

4)  When responsive/responsible proposers are eligible for one (1) or more incentives and/or preferences, the order of application shall be as follows:

a) Small business preference will be applied first (if applicable)

b) The DVBE incentive second (if applicable)

c) The non-small business subcontractor preference third (if applicable)

d) Other bid preferences including Target Area Contract Preference Act preference (TACPA) last (if applicable)

c. DVBE Incentive Scale

Unless superseded and replaced by an alternate DVBE Incentive Scale issued by the funding program prior to proposal due date, the following incentive scale will apply to this procurement. [If necessary, adjust the incentive scale below to better fit the amount of required DVBE participation. For example, if DVBE participation is set below .1% instead of .5%, the incentive will only be granted to proposers achieving more than .1%.]

[Note the example below suggests setting participation at 3% if DVBE use is waived or not required. This is just an illustration. Program[A55] staff can set the participation level at .5% to enable proposers to earn an incentive for achieving participation above the level set in the DVBE incentive scale.]

Illustration of possible narrative proposal points = 600

Illustration of possible cost proposal points = 600

Illustration of total possible points = 1200

OPTION 1 – DVBE Incentive Scale for 3% DVBE Participation or if DVBE participation is waived completely.

Percentage of DVBE Participation Achieved and Acknowledged	Allowable DVBE Incentive Added to a Technical Proposal (Non-Cost) Score
Over 5%	5% of total possible points (5% X 1200) = 60
Over 4.5% and up to 5%	4% of total possible points (4% X 1200) = 48
Over 4% and up to 4.5%	3% of total possible points (3% X 1200) = 36
Over 3.5% and up to 4%	2% of total possible points (2% X 1200) = 24
Over 3% and up to 3.5%	1% of total possible points (1% X 1200) = 12
3%	0% of total possible points

5. Target Area Contract Preference Act[A56] (TACPA)[TJ57]

[Conditionally applicable. Delete this entire numbered item if lowest bid cannot possibly equal $100,000 or more or if the funding program pre-set any part of the work location.]

a. DGS, Procurement Division will answer questions and determine TACPA preference eligibility. Contact the appropriate office of DGS, Procurement Division, at TACPA@dgs.ca.gov.

b. Preferences under the TACPA may be granted to California-based firms in accordance with Government Code (GC) section 4530 et seq whenever a State agency prepares a solicitation for goods or services in excess of $100,000, and the bidder meets all requirements as stated in GC section 4530 and certain requirements as defined in the California Administrative Code (Cal. Code Regs., Title 2, section 1896.30 et seq ). These provisions set forth requirements regarding the location of the worksite and the work force needed to produce the goods or provide the services being procured.

1) If determined eligible by DGS, the worksite preference is five percent (5%). This preference shall apply if the worksite is not fixed by the government agency and the proposer can demonstrate and certify, under the penalty of perjury, that at least fifty percent (50%) of the total labor hours required to perform the services shall be performed at an identified worksite located in a distressed area as determined by DGS.

2) Additional work force preferences ranging from one percent (1%) to four percent (4%) can be earned by eligible proposers that agree to hire five percent (5%) to twenty percent (20%) or more of persons with a high risk of unemployment.

3) TACPA preferences are limited to nine percent (9%) (combination of the five percent (5%) worksite preference with maximum four percent (4%) workforce preference) up to fifty thousand dollars ($50,000). Per GC section 4535.2, in combination with any other preferences, the maximum preference limit is fifteen percent (15%), up to one hundred thousand dollars ($100,000) per bid.

4) Proposers seeking TACPA preference must submit a completed STD. 830 - Target Area Contract Preference Act Request, Attachment [XX] and a completed DGS/PD 526 Bidder’s Summary of Contract Activities and Labor Hours, Attachment [XX] with their proposal. 

5) A proposer that has been awarded the contract based on its claimed TACPA preference will be obligated to perform in accordance with the preference(s) requested and comply with DGS TACPA reporting requirements.

6. Combined preferences

[Conditionally applicable - delete this entire numbered item if TACPA preference will not apply to the procurement. These preferences will not apply if the lowest proposed cost does not equal or exceed $100,000 or if the funding program pre-set any part of the work location. Retain this section if the lowest bid is anticipated to equal or exceed $100,000 and the work location is not pre-set.]

The maximum preference or score addition that any proposer may be granted for small business preference, non-small business subcontractor preference, and TACPA preference combined is fifteen percent (15%).

Any firm that claims and is granted non-small business subcontractor preference, and TACPA preference cannot displace an award to a certified small business or microbusiness.

7. Commercially Useful Function

a. A DVBE, certified small business, and microbusiness shall provide goods or services that contribute to the fulfillment of the contract requirements by performing a “commercially useful function.”

b. Commercially useful function is defined as a person or entity doing all of the following:

1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of service and goods);

2) Carries out its obligation by actually performing, managing, or supervising the work involved;

3) Performs work that is normal for its business services and functions;

4) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and

5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

c. A DVBE, certified small business, and microbusiness contractor, subcontractor, or supplier is not performing a “commercially useful function” if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of small business or microbusiness participation.

d. Proposers must verify each DVBE, small business, microbusiness contractor, subcontractor, or supplier certification with DGS, Office of Small Business and DVBE Services (OSDS) to ensure participation eligibility prior to submitting Cost Proposals. Proposers must complete and submit RFP Attachment [XX], Bidder Declaration Form.  

e. Proposers must include in the Cost Proposal package a written Confirmation Letter from each of the DVBE(s), small, and microbusiness subcontractor(s) identified on RFP Attachment [XX], Bidder Declaration. The written Confirmation Letter must include the RFP number and signature of the proposer, DVBE, small business, and microbusiness subcontractor(s), according to Section [O.1.f]. The written Confirmation Letter must include the subcontractor(s) rate, scope of work, work to be performed, anticipated dates of work to be performed, term of the intended subcontract(s), conditions of payment, and total amount(s) to be paid to the subcontractor(s).

X. Contract Terms and Conditions

[All proposed contract provisions are to be shown in the applicable contract exhibits that are to be attached to the RFP. Refer to CD’s contract models to develop this portion of the bid.]

[At a minimum, include a blank Exhibit A1 (blank STD. 213), Exhibit A (Scope of Work), Exhibit B (Budget and Payment Provisions), Special Terms and Conditions Exhibit D(F) or D(C), and an Exhibit E (Additional Provisions). Exhibit C is reserved for DGS’ General Terms and Conditions and is not to be attached to the RFP.]

[Within Exhibits A, B, and E, include all terms and conditions that will place a contingent liability on the contractor in terms of performance or cost of operation. For example, proposers need to know if liability or other insurance is required and they need to know that payments are in arrears.]

[Any provision shown in this RFP or in a proposed contract exhibit (Exhibit A, B, or E) must appear in the final contract. If there is any doubt as to the wording that will appear in the final contract (i.e., Cancellation or Termination for cause), check with OLS on the best approach to use.]

[Even though this model includes a disclaimer statement indicating that the provisions in each exhibit are only proposed, a program may encounter difficulties if incorrect provisions are included in an exhibit or if the exact wording is later changed to make a condition more stringent. In general, contractual requirements may be lessened, but there may be difficulty tightening those requirements beyond what is indicated in bid exhibits.]

[Generally, terms and conditions surrounding the scope of work and amount to be paid are not negotiated in contracts awarded through a formal competitive bidding process (i.e., IFB or RFP).  Programs can insert requirements for submission of preliminary work plans with the RFP followed by the submission of detailed task schedules at various intervals for final approval.  The task schedules may not expand the scope of the original project and cannot result in increased costs. The winning Proposer’s budget [If using 5-line budget] Bid Sheets [If using Bid Sheets] and work plan must be accepted as proposed. On occasion, proposed activities or functions may be removed and the cost reduced accordingly, but the reverse is not possible.  Alterations to the work plan or budget are accomplished through the formal contract amendment process after the Contract is fully executed.]

1. Loss Leader Clause

It is unlawful for any person engaged in business within this state (California) to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code

2. Other Terms and Conditions

The successful proposer must enter into a written contract that may contain portions of the Proposer’s proposal, i.e., Narrative Proposal, Budget Detail Work Sheets [If using 5-Line budget], Cost Proposal [If using Bid Sheets], work plan(s), SOW, standard Contract provisions, Contract forms, Attachments, and the exhibits identified below. Other exhibits, not identified herein, may also appear in the resulting contract.

The exhibits identified in this section contain contract terms that require strict adherence to various laws and contracting policies. A proposer’s unwillingness or inability to agree to the proposed terms and conditions shown below or contained in any exhibit identified in this RFP may cause DHCS to deem a proposer non-responsible/non-responsible and ineligible for an award. DHCS reserves the right to use the latest version of any form or exhibit listed below in the resulting Contract if a newer version is available.

The exhibits identified below illustrate many of the terms and conditions that may appear in the final contract between DHCS and the successful proposer. Other terms and conditions, not specified in the exhibits identified below, may also appear in the resulting contract. Some terms and conditions are conditional and may only appear in an contract if certain conditions exist (e.g., contract total exceeds a certain amount, federal funding is used, etc.).

In general, DHCS will not accept alterations to the General Terms and Conditions (GTC), Special Terms and Conditions, the SOW, other exhibit terms and/or conditions, or alternate language that is proposed or submitted by a proposer.  DHCS may consider a proposal containing such provisions a counter proposal and DHCS may reject such a proposal as non-responsive/non-responsible.

3. Sample contract forms / exhibits[TJ58]

Exhibit Label	Exhibit Name
Exhibit A1 STD 213	Standard Agreement [Insert a blank STD. 213 with no exhibits listed and label it Exhibit A1. [Download the form from the Intranet at: http://dhcsintranet/FormsPubs/Pages/ContractForms.aspx.]
Exhibit A Exhibit A Attachment I	Scope of Work [Place the SOW in this exhibit. Develop this exhibit by following the applicable contract model (i.e., Personal or Consultant service.] Work Plan [Winning Proposer’s work plan to be included here, if applicable.] [If including the successful proposer’s proposal, do not include the successful proposer’s work plan here. Instead, retain the SOW Exhibit A and Exhibit A, Attachment I through XX in this location.] [[TJ58] Larger projects usually have more than one attachment for Exhibit A. Additional Attachments are labeled as Exhibit A, Attachment I, II, III and so forth. They usually contain SOW, Operations, Turnover, Additional Contractual Services, Takeover, etc. Whatever Program needs to include in their contract.]
Exhibit B Exhibit B, Attachment I	Budget Detail and Payment Provisions [Develop this exhibit following the applicable contract model.] Special Payment Provisions [Include Attachment I here if included in RFP.]
Exhibit C - View on-line.	General Terms and Conditions (GTC 04/2017). View or download this exhibit at this Internet site: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language
Exhibit D(X) Attachment I Attachment II	Special Terms and Conditions [Insert – Exhibit “D(C)” - (for state funded personal or consultant services) or “D(F)” - (for personal or consultant services funded in part or whole with federal funds).] [Download the applicable exhibit from the Intranet at: http://dhcsintranet/FormsPubs/Pages/ContractForms.aspx] Attachment I, Certification Regarding Lobbying Attachment II, Certification Regarding Lobbying
Exhibit E Exhibit E, Attachment I	Additional Provisions [Develop this exhibit by following the applicable contract model (i.e., Personal or Consultant service).] [Larger projects typically use prior projects’ Exhibit E’s as an example for their own project.] Escrow Bid Documents Certification [If Escrow Bid Documents are included in RFP.]
Exhibit [X]	Contractor’s Release [Download the DHCS 2352 from the CD G: Drive]
Exhibit [X]	DVBE Utilization Report [Conditionally applicable - Download at CD G: Drive] [Include this form (DHCS 2350) if any amount of DVBE participation is mandatory or voluntary. Provision #19 of GTC 04/2017 instructs contractors to report their actual DVBE use to the funding agency within 60 days of receipt of final payment. Program staff are to collect the DVBE Report from each contractor that commits DVBE participation and are to retain the report in their contract files for audit purposes.]
a. Exhibit [X]	Travel Reimbursement Information [Download the CMU 01 travel exhibit from the CD G: Drive] [Delete this entry if no travel costs will be reimbursed.]
b. Exhibit [X]	Health Insurance Portability and Accountability Act (HIPAA) Business Associate Addendum (BAA) [Conditionally applicable – Include this exhibit only when applies to the services being procured. Follow this link for the latest information about DHCS’ HIPAA BAA exhibit.]  Download the DHCS HIPAA BAA from the CD G: Drive.
c. Exhibit [X]	Information Confidentiality and Security Requirements [Conditionally applicable – Include when personal, confidential, or sensitive information will be accessible, used, or exchanged, during the course of performance and such data is in need of protection. Only use with approval from the Privacy Office. Otherwise, only the HIPAA BAA should be used. Download the latest ICSR exhibit from the Intranet at: http://dhcsintranet/FormsPubs/Pages/ContractForms.aspx
d. Exhibit [X]	Non-Discrimination Language
e. f. Exhibit [X] g. Exhibit [X]	ARRA Terms and Conditions [Conditionally required – Review CMU Notice 09-03 for more information.  Download and retain the ARRA terms and conditions exhibit ONLY if the agreement will be funded in whole or part by American Recovery and Reinvestment Act (ARRA) or stimulus funds. Contact your Budget Office to determine if ARRA funds will be used.[A59] ] [Placeholder for Resumes] [(to be extracted from Contractor’s response and reformatted) [If including the successful proposer’s proposal, do not include the successful proposer’s resumes here. They will be included in the successful proposal and it’s incorporated into the contract already.]

[If necessary, add specific program exhibits to the above list if those documents will appear in the resulting agreement.]

4. Unanticipated tasks

In the event unanticipated or additional work must be performed that is not identified in this RFP, but in DHCS’ opinion is necessary to successfully accomplish the SOW, DHCS will initiate a contract amendment to add that work. The supporting documentation for all cost related to the Amendment shall be submitted in accordance with Exhibit E, Additional Provisions, Amendments. All terms and conditions appearing in the final contract will apply to any additional work and extension options.

5. Resolution of language conflicts (RFP vs. final Contract)

All inconsistencies and conflicts between the terms and conditions appearing in the final Contract and the proposed terms and conditions appearing in this RFP will be resolved by giving precedence to the final Contract.

Y. Official Means of Communication

3. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

4. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

Z. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

AA. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

5. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

d. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

e. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

f. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

6. For United States Postal Service Delivery

c. All documents mailed to DHCS must adhere to the directions provided in this RFP.

d. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

7. Email Delivery

c. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

d. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

8. Email Delivery

d. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

e. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

f. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

BB. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

4. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

5. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

6. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

CC. Time Schedule[A60]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

DD. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

EE. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

5. What to include in an inquiry

e. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

f. A description of the subject or issue in question or discrepancy found, and the remedy sought.

g. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

h. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

6. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

c. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

d. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

c. DVBE participation requirements and how to complete the DVBE attachments.

d. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

7. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

8. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

FF. Data Library

6. Data Library

b. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

7. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

8. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ61] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

ii. Appendix 1.2 – Request for Data Library Material

b) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

9. Updates to the Data Library Material

d. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

e. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

f. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

10. Disclaimer

e. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

f. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

g. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

h. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

GG. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

3. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

4. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

HH. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

II. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

JJ. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

3. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

4. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

KK. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

LL. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

18. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

h. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

i. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

j. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

k. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

l. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

m. [Example -- Systems Requirements]

n. [Example – Licensing Requirements]

19. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

20. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

21. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

22. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

f. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

g. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

2) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

f) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

g) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

h) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

i) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

j) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

h. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

5) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

6) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

7) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

8) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ62] [TJ63]

i. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

j. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

23. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

24. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

25. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

26. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

27. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

3) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

4) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

28. Attestations

Proposers must provide the following:

d. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

e. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

f. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

29. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

e. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

f. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

g. Certificate of Independent Price Determination

2) The prospective proposer certifies that:

b) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

d) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

e) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

h. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

5) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

6) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

7) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

30. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

31. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

32. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

c. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

d. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

e. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

f. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

g. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

h. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

33. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

d. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

b) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

e. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

f. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

34. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

MM. General Proposal Submission Instructions

4. Proposers Must Adhere to All of the Following Instructions

n. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

o. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

p. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

q. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

r. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ64] [TJ65]

s.

t. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

u. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

v. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

w. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

x. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

y.

z. Proposals may not be transmitted electronically by fax.

5. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

d. DHCS is not accepting printed copies of proposals.

e. All emailed proposals will be dated and time stamped upon receipt at DHCS.

f. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

c. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

d. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

6. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

NN. Narrative Proposal Submission, Format and Content Requirements[TJ66] [TJ67]

5. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

b. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ68]

b. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

6. Submission Requirements

b. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

f. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

g. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

h. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

i. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

j. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

d. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ69]

e. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

7. Format Requirements

d. Format each page using one-inch (1”) margins at the top, bottom and both sides.

e. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

f. Print pages double-sided on white bond paper.

8. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

j. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ70]

3) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

4) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

k. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ71]

3) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

4) The letter shall include:

j) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ72]

k) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

l) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

m) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

n) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

o) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

p) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

iii. The names and addresses of all affiliates of the Proposer.

iv. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

q) A statement that the Proposal is complete as submitted.

r) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

l. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

m. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

6) An understanding of DHCS’ needs and the importance of Program’s needs.

7) The tangible results that are expected to be achieved.

8) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

9) How performance of the SOW [program determines this][TJ73] will be effectively integrated into the proposing firm’s current obligations and existing workload.

10) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

n. Proposing Firm’s Capability[A74] [TJ75]

6) Include a brief history of the proposing firm, including:

c) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

d) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

7) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A76] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

v. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

vi. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

vii. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

viii. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

8) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

g) Name of agency or firm for whom services were performed;

h) Identification of a contact person;

i) Duration or length of the project;

j) Total cost or value of the project;

k) Indicate if the account or project is “active/open” or “closed/settled”; and

l) Briefly describe the type and nature of the services performed.

9) For each type of experience reported above, proposers shall provide:[TJ77]

j) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

k) Client size;

l) Number of transactions per year;

m) Type of work performed (e.g. enrollment broker, facilities manager);

n) Complexity and scope of the operations;

o) Percentage of service performed by subcontractors and/or independent consultants;

p) Whether the experience is that of the proposer, or a subsidiary of another business entity;

q) Reason for contract termination, if the contract is no longer in effect;

r) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

10) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

o. Work Plan

4) Overview

d) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

e) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

f) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

5) Rejection of tasks, activities or functions

c) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

d) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

6) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

m) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

n) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

o) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

p) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

q) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

r) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

s) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

t) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

iv. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

v. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

vi. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

u) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

v) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

w) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

x) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

p. Management Plan

6) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

7) Describe the fiscal accounting processes and budgetary controls[TJ78] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

e) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

f) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

g) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

h) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

8) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

9) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

10) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

q. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

6) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

h) Position titles for all proposed employees (persons on the proposing firm’s payroll).

i) Number of personnel in each position.

j) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

k) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

l) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

m) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

iii. Briefly, describe each person’s expertise, capabilities, and credentials.

iv. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

n) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

7) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

b) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

8) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

9) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

b) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

iii. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

iv. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

r. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

2) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

c) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

d) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

3) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

4) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

OO. Official Means of Communication

5. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

6. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

PP. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

QQ. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

9. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

g. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

h. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

i. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

10. For United States Postal Service Delivery

e. All documents mailed to DHCS must adhere to the directions provided in this RFP.

f. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

11. Email Delivery

e. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

f. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

12. Email Delivery

g. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

h. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

i. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

RR. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

7. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

8. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

9. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

SS. Time Schedule[A79]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

TT. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

UU. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

9. What to include in an inquiry

i. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

j. A description of the subject or issue in question or discrepancy found, and the remedy sought.

k. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

l. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

10. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

e. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

f. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

e. DVBE participation requirements and how to complete the DVBE attachments.

f. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

11. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

12. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

VV. Data Library

11. Data Library

c. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

12. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

13. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ80] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

iii. Appendix 1.2 – Request for Data Library Material

c) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

14. Updates to the Data Library Material

g. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

h. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

i. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

15. Disclaimer

i. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

j. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

k. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

l. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

WW. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

5. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

6. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

XX. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

YY. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

ZZ. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

5. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

6. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

AAA. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

BBB. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

35. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

o. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

p. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

q. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

r. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

s. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

t. [Example -- Systems Requirements]

u. [Example – Licensing Requirements]

36. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

37. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

38. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

39. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

k. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

l. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

3) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

k) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

l) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

m) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

n) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

o) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

m. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

9) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

10) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

11) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

12) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ81] [TJ82]

n. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

o. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

40. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

41. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

42. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

43. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

44. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

5) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

6) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

45. Attestations

Proposers must provide the following:

g. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

h. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

i. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

46. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

i. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

j. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

k. Certificate of Independent Price Determination

3) The prospective proposer certifies that:

c) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

f) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

g) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

l. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

9) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

10) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

11) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

12) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

47. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

48. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

49. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

e. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

f. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

i. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

j. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

k. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

l. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

50. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

g. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

c) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

h. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

i. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

51. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

CCC. General Proposal Submission Instructions

7. Proposers Must Adhere to All of the Following Instructions

aa. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

bb. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

cc. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

dd. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

ee. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ83] [TJ84]

ff.

gg. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

hh. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

ii. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

jj. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

kk. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

ll.

mm. Proposals may not be transmitted electronically by fax.

8. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

g. DHCS is not accepting printed copies of proposals.

h. All emailed proposals will be dated and time stamped upon receipt at DHCS.

i. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

e. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

f. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

9. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

DDD. Narrative Proposal Submission, Format and Content Requirements[TJ85] [TJ86]

9. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

c. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ87]

c. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

10. Submission Requirements

c. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

k. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

l. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

m. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

n. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

o. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

f. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ88]

g. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

11. Format Requirements

g. Format each page using one-inch (1”) margins at the top, bottom and both sides.

h. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

i. Print pages double-sided on white bond paper.

12. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

s. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ89]

5) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

6) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

t. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ90]

5) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

6) The letter shall include:

s) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ91]

t) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

u) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

v) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

w) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

x) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

y) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

v. The names and addresses of all affiliates of the Proposer.

vi. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

z) A statement that the Proposal is complete as submitted.

aa) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

u. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

v. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

11) An understanding of DHCS’ needs and the importance of Program’s needs.

12) The tangible results that are expected to be achieved.

13) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

14) How performance of the SOW [program determines this][TJ92] will be effectively integrated into the proposing firm’s current obligations and existing workload.

15) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

w. Proposing Firm’s Capability[A93] [TJ94]

11) Include a brief history of the proposing firm, including:

e) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

f) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

12) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A95] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

ix. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

x. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xi. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xii. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

13) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

m) Name of agency or firm for whom services were performed;

n) Identification of a contact person;

o) Duration or length of the project;

p) Total cost or value of the project;

q) Indicate if the account or project is “active/open” or “closed/settled”; and

r) Briefly describe the type and nature of the services performed.

14) For each type of experience reported above, proposers shall provide:[TJ96]

s) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

t) Client size;

u) Number of transactions per year;

v) Type of work performed (e.g. enrollment broker, facilities manager);

w) Complexity and scope of the operations;

x) Percentage of service performed by subcontractors and/or independent consultants;

y) Whether the experience is that of the proposer, or a subsidiary of another business entity;

z) Reason for contract termination, if the contract is no longer in effect;

aa) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

15) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

x. Work Plan

7) Overview

g) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

h) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

i) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

8) Rejection of tasks, activities or functions

e) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

f) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

9) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

y) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

z) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

aa) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

bb) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

cc) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

dd) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

ee) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

ff) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

vii. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

viii. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

ix. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

gg) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

hh) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

ii) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

jj) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

y. Management Plan

11) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

12) Describe the fiscal accounting processes and budgetary controls[TJ97] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

i) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

j) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

k) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

l) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

13) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

14) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

15) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

z. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

10) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

o) Position titles for all proposed employees (persons on the proposing firm’s payroll).

p) Number of personnel in each position.

q) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

r) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

s) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

t) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

v. Briefly, describe each person’s expertise, capabilities, and credentials.

vi. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

u) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

11) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

c) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

12) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

13) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

c) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

v. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

vi. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

aa. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

3) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

e) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

f) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

5) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

6) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

EEE. Official Means of Communication

7. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

8. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

FFF. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

GGG. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

13. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

j. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

k. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

l. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

14. For United States Postal Service Delivery

g. All documents mailed to DHCS must adhere to the directions provided in this RFP.

h. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

15. Email Delivery

g. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

h. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

16. Email Delivery

j. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

k. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

l. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

HHH. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

10. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

11. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

12. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

III. Time Schedule[A98]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

JJJ. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

KKK. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

13. What to include in an inquiry

m. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

n. A description of the subject or issue in question or discrepancy found, and the remedy sought.

o. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

p. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

14. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

g. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

h. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

g. DVBE participation requirements and how to complete the DVBE attachments.

h. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

15. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

16. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

LLL. Data Library

16. Data Library

d. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

17. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

18. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ99] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

iv. Appendix 1.2 – Request for Data Library Material

d) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

19. Updates to the Data Library Material

j. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

k. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

l. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

20. Disclaimer

m. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

n. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

o. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

p. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

MMM. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

7. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

8. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

NNN. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

OOO. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

PPP. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

7. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

8. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

QQQ. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

RRR. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

52. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

v. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

w. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

x. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

y. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

z. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

aa. [Example -- Systems Requirements]

bb. [Example – Licensing Requirements]

53. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

54. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

55. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

56. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

p. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

q. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

4) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

p) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

q) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

r) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

s) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

t) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

r. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

13) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

14) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

15) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

16) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ100] [TJ101]

s. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

t. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

57. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

58. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

59. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

60. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

61. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

7) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

8) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

62. Attestations

Proposers must provide the following:

j. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

k. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

l. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

63. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

m. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

n. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

o. Certificate of Independent Price Determination

4) The prospective proposer certifies that:

d) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

h) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

i) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

p. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

13) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

14) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

15) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

16) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

64. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

65. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

66. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

g. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

h. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

m. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

n. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

o. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

p. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

67. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

j. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

d) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

k. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

l. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

68. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

SSS. General Proposal Submission Instructions

10. Proposers Must Adhere to All of the Following Instructions

nn. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

oo. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

pp. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

qq. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

rr. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ102] [TJ103]

ss.

tt. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

uu. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

vv. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

ww. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

xx. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

yy.

zz. Proposals may not be transmitted electronically by fax.

11. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

j. DHCS is not accepting printed copies of proposals.

k. All emailed proposals will be dated and time stamped upon receipt at DHCS.

l. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

g. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

h. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

12. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

TTT. Narrative Proposal Submission, Format and Content Requirements[TJ104] [TJ105]

13. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

d. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ106]

d. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

14. Submission Requirements

d. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

p. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

q. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

r. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

s. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

t. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

h. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ107]

i. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

15. Format Requirements

j. Format each page using one-inch (1”) margins at the top, bottom and both sides.

k. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

l. Print pages double-sided on white bond paper.

16. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

bb. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ108]

7) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

8) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

cc. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ109]

7) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

8) The letter shall include:

bb) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ110]

cc) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

dd) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

ee) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

ff) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

gg) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

hh) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

vii. The names and addresses of all affiliates of the Proposer.

viii. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

ii) A statement that the Proposal is complete as submitted.

jj) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

dd. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

ee. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

16) An understanding of DHCS’ needs and the importance of Program’s needs.

17) The tangible results that are expected to be achieved.

18) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

19) How performance of the SOW [program determines this][TJ111] will be effectively integrated into the proposing firm’s current obligations and existing workload.

20) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

ff. Proposing Firm’s Capability[A112] [TJ113]

16) Include a brief history of the proposing firm, including:

g) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

h) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

17) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A114] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xiii. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

xiv.Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xv. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xvi.Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

18) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

s) Name of agency or firm for whom services were performed;

t) Identification of a contact person;

u) Duration or length of the project;

v) Total cost or value of the project;

w) Indicate if the account or project is “active/open” or “closed/settled”; and

x) Briefly describe the type and nature of the services performed.

19) For each type of experience reported above, proposers shall provide:[TJ115]

bb) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

cc) Client size;

dd) Number of transactions per year;

ee) Type of work performed (e.g. enrollment broker, facilities manager);

ff) Complexity and scope of the operations;

gg) Percentage of service performed by subcontractors and/or independent consultants;

hh) Whether the experience is that of the proposer, or a subsidiary of another business entity;

ii) Reason for contract termination, if the contract is no longer in effect;

jj) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

20) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

gg. Work Plan

10) Overview

j) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

k) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

l) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

11) Rejection of tasks, activities or functions

g) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

h) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

12) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

kk) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

ll) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

mm) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

nn) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

oo) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

pp) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

qq) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

rr) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

x. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xi. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xii. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

ss) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

tt) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

uu) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

vv) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

hh. Management Plan

16) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

17) Describe the fiscal accounting processes and budgetary controls[TJ116] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

m) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

n) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

o) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

p) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

18) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

19) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

20) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

ii. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

14) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

v) Position titles for all proposed employees (persons on the proposing firm’s payroll).

w) Number of personnel in each position.

x) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

y) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

z) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

aa) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

vii. Briefly, describe each person’s expertise, capabilities, and credentials.

viii. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

bb) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

15) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

d) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

16) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

17) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

d) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

vii. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

viii. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

jj. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

4) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

g) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

h) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

7) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

8) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

UUU. Official Means of Communication

9. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

10. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

VVV. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

WWW. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

17. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

m. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

n. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

o. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

18. For United States Postal Service Delivery

i. All documents mailed to DHCS must adhere to the directions provided in this RFP.

j. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

19. Email Delivery

i. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

j. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

20. Email Delivery

m. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

n. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

o. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

XXX. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

13. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

14. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

15. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

YYY. Time Schedule[A117]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

ZZZ. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

AAAA. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

17. What to include in an inquiry

q. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

r. A description of the subject or issue in question or discrepancy found, and the remedy sought.

s. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

t. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

18. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

i. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

j. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

i. DVBE participation requirements and how to complete the DVBE attachments.

j. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

19. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

20. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

BBBB. Data Library

21. Data Library

e. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

22. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

23. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ118] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

v. Appendix 1.2 – Request for Data Library Material

e) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

24. Updates to the Data Library Material

m. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

n. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

o. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

25. Disclaimer

q. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

r. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

s. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

t. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

CCCC. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

9. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

10. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

DDDD. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

EEEE. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

FFFF. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

9. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

10. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

GGGG. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

HHHH. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

69. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

cc. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

dd. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

ee. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

ff. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

gg. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

hh. [Example -- Systems Requirements]

ii. [Example – Licensing Requirements]

70. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

71. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

72. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

73. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

u. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

v. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

5) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

u) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

v) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

w) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

x) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

y) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

w. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

17) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

18) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

19) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

20) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ119] [TJ120]

x. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

y. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

74. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

75. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

76. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

77. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

78. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

9) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

10) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

79. Attestations

Proposers must provide the following:

m. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

n. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

o. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

80. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

q. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

r. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

s. Certificate of Independent Price Determination

5) The prospective proposer certifies that:

e) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

j) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

k) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

t. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

17) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

18) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

19) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

20) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

81. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

82. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

83. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

i. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

j. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

q. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

r. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

s. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

t. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

84. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

m. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

e) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

n. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

o. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

85. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

IIII. General Proposal Submission Instructions

13. Proposers Must Adhere to All of the Following Instructions

aaa. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

bbb. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

ccc. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

ddd. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

eee. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ121] [TJ122]

fff.

ggg. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

hhh. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

iii. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

jjj. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

kkk. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

lll.

mmm. Proposals may not be transmitted electronically by fax.

14. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

m. DHCS is not accepting printed copies of proposals.

n. All emailed proposals will be dated and time stamped upon receipt at DHCS.

o. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

i. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

j. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

15. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

JJJJ. Narrative Proposal Submission, Format and Content Requirements[TJ123] [TJ124]

17. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

e. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ125]

e. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

18. Submission Requirements

e. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

u. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

v. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

w. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

x. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

y. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

j. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ126]

k. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

19. Format Requirements

m. Format each page using one-inch (1”) margins at the top, bottom and both sides.

n. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

o. Print pages double-sided on white bond paper.

20. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

kk. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ127]

9) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

10) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

ll. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ128]

9) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

10) The letter shall include:

kk) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ129]

ll) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

mm) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

nn) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

oo) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

pp) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

qq) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

ix. The names and addresses of all affiliates of the Proposer.

x. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

rr) A statement that the Proposal is complete as submitted.

ss) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

mm. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

nn. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

21) An understanding of DHCS’ needs and the importance of Program’s needs.

22) The tangible results that are expected to be achieved.

23) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

24) How performance of the SOW [program determines this][TJ130] will be effectively integrated into the proposing firm’s current obligations and existing workload.

25) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

oo. Proposing Firm’s Capability[A131] [TJ132]

21) Include a brief history of the proposing firm, including:

i) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

j) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

22) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A133] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xvii. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

xviii. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xix.Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xx. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

23) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

y) Name of agency or firm for whom services were performed;

z) Identification of a contact person;

aa) Duration or length of the project;

bb) Total cost or value of the project;

cc) Indicate if the account or project is “active/open” or “closed/settled”; and

dd) Briefly describe the type and nature of the services performed.

24) For each type of experience reported above, proposers shall provide:[TJ134]

kk) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

ll) Client size;

mm) Number of transactions per year;

nn) Type of work performed (e.g. enrollment broker, facilities manager);

oo) Complexity and scope of the operations;

pp) Percentage of service performed by subcontractors and/or independent consultants;

qq) Whether the experience is that of the proposer, or a subsidiary of another business entity;

rr) Reason for contract termination, if the contract is no longer in effect;

ss) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

25) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

pp. Work Plan

13) Overview

m) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

n) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

o) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

14) Rejection of tasks, activities or functions

i) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

j) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

15) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

ww) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

xx) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

yy) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

zz) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

aaa) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

bbb) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

ccc) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

ddd) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xiii. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xiv.Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xv. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

eee) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

fff) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

ggg) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

hhh) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

qq. Management Plan

21) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

22) Describe the fiscal accounting processes and budgetary controls[TJ135] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

q) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

r) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

s) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

t) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

23) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

24) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

25) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

rr. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

18) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

cc) Position titles for all proposed employees (persons on the proposing firm’s payroll).

dd) Number of personnel in each position.

ee) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

ff) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

gg) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

hh) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

ix. Briefly, describe each person’s expertise, capabilities, and credentials.

x. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

ii) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

19) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

e) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

20) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

21) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

e) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

ix. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

x. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

ss. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

5) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

i) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

j) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

9) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

10) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

KKKK. Official Means of Communication

11. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

12. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

LLLL. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

MMMM. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

21. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

p. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

q. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

r. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

22. For United States Postal Service Delivery

k. All documents mailed to DHCS must adhere to the directions provided in this RFP.

l. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

23. Email Delivery

k. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

l. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

24. Email Delivery

p. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

q. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

r. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

NNNN. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

16. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

17. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

18. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

OOOO. Time Schedule[A136]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

PPPP. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

QQQQ. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

21. What to include in an inquiry

u. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

v. A description of the subject or issue in question or discrepancy found, and the remedy sought.

w. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

x. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

22. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

k. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

l. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

k. DVBE participation requirements and how to complete the DVBE attachments.

l. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

23. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

24. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

RRRR. Data Library

26. Data Library

f. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

27. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

28. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ137] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

vi. Appendix 1.2 – Request for Data Library Material

f) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

29. Updates to the Data Library Material

p. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

q. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

r. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

30. Disclaimer

u. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

v. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

w. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

x. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

SSSS. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

11. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

12. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

TTTT. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

UUUU. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

VVVV. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

11. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

12. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

WWWW. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

XXXX. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

86. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

jj. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

kk. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

ll. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

mm. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

nn. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

oo. [Example -- Systems Requirements]

pp. [Example – Licensing Requirements]

87. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

88. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

89. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

90. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

z. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

aa. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

6) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

z) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

aa) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

bb) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

cc) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

dd) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

bb. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

21) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

22) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

23) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

24) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ138] [TJ139]

cc. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

dd. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

91. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

92. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

93. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

94. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

95. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

11) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

12) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

96. Attestations

Proposers must provide the following:

p. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

q. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

r. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

97. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

u. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

v. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

w. Certificate of Independent Price Determination

6) The prospective proposer certifies that:

f) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

l) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

m) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

x. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

21) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

22) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

23) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

24) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

98. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

99. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

100. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

k. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

l. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

u. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

v. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

w. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

x. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

101. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

p. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

f) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

q. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

r. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

102. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

YYYY. General Proposal Submission Instructions

16. Proposers Must Adhere to All of the Following Instructions

nnn. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

ooo. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

ppp. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

qqq. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

rrr. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ140] [TJ141]

sss.

ttt. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

uuu. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

vvv. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

www. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

xxx. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

yyy.

zzz. Proposals may not be transmitted electronically by fax.

17. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

p. DHCS is not accepting printed copies of proposals.

q. All emailed proposals will be dated and time stamped upon receipt at DHCS.

r. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

k. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

l. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

18. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

ZZZZ. Narrative Proposal Submission, Format and Content Requirements[TJ142] [TJ143]

21. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

f. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ144]

f. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

22. Submission Requirements

f. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

z. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

aa. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

bb. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

cc. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

dd. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

l. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ145]

m. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

23. Format Requirements

p. Format each page using one-inch (1”) margins at the top, bottom and both sides.

q. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

r. Print pages double-sided on white bond paper.

24. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

tt. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ146]

11) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

12) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

uu. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ147]

11) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

12) The letter shall include:

tt) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ148]

uu) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

vv) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

ww) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

xx) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

yy) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

zz) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xi. The names and addresses of all affiliates of the Proposer.

xii. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

aaa) A statement that the Proposal is complete as submitted.

bbb) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

vv. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

ww. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

26) An understanding of DHCS’ needs and the importance of Program’s needs.

27) The tangible results that are expected to be achieved.

28) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

29) How performance of the SOW [program determines this][TJ149] will be effectively integrated into the proposing firm’s current obligations and existing workload.

30) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

xx. Proposing Firm’s Capability[A150] [TJ151]

26) Include a brief history of the proposing firm, including:

k) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

l) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

27) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A152] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xxi.Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

xxii. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xxiii. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xxiv. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

28) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

ee) Name of agency or firm for whom services were performed;

ff) Identification of a contact person;

gg) Duration or length of the project;

hh) Total cost or value of the project;

ii) Indicate if the account or project is “active/open” or “closed/settled”; and

jj) Briefly describe the type and nature of the services performed.

29) For each type of experience reported above, proposers shall provide:[TJ153]

tt) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

uu) Client size;

vv) Number of transactions per year;

ww) Type of work performed (e.g. enrollment broker, facilities manager);

xx) Complexity and scope of the operations;

yy) Percentage of service performed by subcontractors and/or independent consultants;

zz) Whether the experience is that of the proposer, or a subsidiary of another business entity;

aaa) Reason for contract termination, if the contract is no longer in effect;

bbb) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

30) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

yy. Work Plan

16) Overview

p) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

q) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

r) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

17) Rejection of tasks, activities or functions

k) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

l) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

18) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

iii) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

jjj) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

kkk) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

lll) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

mmm) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

nnn) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

ooo) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

ppp) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xvi.Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xvii. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xviii. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

qqq) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

rrr) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

sss) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

ttt) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

zz. Management Plan

26) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

27) Describe the fiscal accounting processes and budgetary controls[TJ154] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

u) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

v) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

w) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

x) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

28) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

29) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

30) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

aaa. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

22) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

jj) Position titles for all proposed employees (persons on the proposing firm’s payroll).

kk) Number of personnel in each position.

ll) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

mm) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

nn) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

oo) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xi. Briefly, describe each person’s expertise, capabilities, and credentials.

xii. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

pp) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

23) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

f) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

24) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

25) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

f) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xi. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xii. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

bbb. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

6) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

k) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

l) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

11) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

12) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

AAAAA. Official Means of Communication

13. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

14. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

BBBBB. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

CCCCC. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

25. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

s. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

t. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

u. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

26. For United States Postal Service Delivery

m. All documents mailed to DHCS must adhere to the directions provided in this RFP.

n. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

27. Email Delivery

m. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

n. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

28. Email Delivery

s. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

t. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

u. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

DDDDD. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

19. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

20. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

21. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

EEEEE. Time Schedule[A155]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

FFFFF. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

GGGGG. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

25. What to include in an inquiry

y. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

z. A description of the subject or issue in question or discrepancy found, and the remedy sought.

aa. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

bb. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

26. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

m. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

n. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

m. DVBE participation requirements and how to complete the DVBE attachments.

n. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

27. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

28. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

HHHHH. Data Library

31. Data Library

g. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

32. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

33. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ156] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

vii. Appendix 1.2 – Request for Data Library Material

g) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

34. Updates to the Data Library Material

s. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

t. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

u. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

35. Disclaimer

y. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

z. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

aa. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

bb. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

IIIII. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

13. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

14. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

JJJJJ. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

KKKKK. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

LLLLL. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

13. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

14. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

MMMMM. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

NNNNN. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

103. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

qq. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

rr. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

ss. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

tt. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

uu. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

vv. [Example -- Systems Requirements]

ww. [Example – Licensing Requirements]

104. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

105. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

106. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

107. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

ee. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

ff. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

7) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

ee) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

ff) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

gg) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

hh) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

ii) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

gg. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

25) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

26) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

27) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

28) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ157] [TJ158]

hh. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

ii. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

108. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

109. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

110. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

111. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

112. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

13) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

14) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

113. Attestations

Proposers must provide the following:

s. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

t. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

u. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

114. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

y. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

z. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

aa. Certificate of Independent Price Determination

7) The prospective proposer certifies that:

g) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

n) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

o) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

bb. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

25) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

26) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

27) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

28) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

115. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

116. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

117. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

m. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

n. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

y. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

z. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

aa. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

bb. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

118. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

s. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

g) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

t. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

u. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

119. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

OOOOO. General Proposal Submission Instructions

19. Proposers Must Adhere to All of the Following Instructions

aaaa. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

bbbb. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

cccc. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

dddd. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

eeee. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ159] [TJ160]

ffff.

gggg. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

hhhh. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

iiii. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

jjjj. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

kkkk. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

llll.

mmmm. Proposals may not be transmitted electronically by fax.

20. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

s. DHCS is not accepting printed copies of proposals.

t. All emailed proposals will be dated and time stamped upon receipt at DHCS.

u. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

m. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

n. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

21. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

PPPPP. Narrative Proposal Submission, Format and Content Requirements[TJ161] [TJ162]

25. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

g. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ163]

g. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

26. Submission Requirements

g. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

ee. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

ff. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

gg. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

hh. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

ii. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

n. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ164]

o. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

27. Format Requirements

s. Format each page using one-inch (1”) margins at the top, bottom and both sides.

t. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

u. Print pages double-sided on white bond paper.

28. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

ccc. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ165]

13) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

14) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

ddd. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ166]

13) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

14) The letter shall include:

ccc) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ167]

ddd) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

eee) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

fff) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

ggg) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

hhh) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

iii) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xiii. The names and addresses of all affiliates of the Proposer.

xiv.The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

jjj) A statement that the Proposal is complete as submitted.

kkk) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

eee. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

fff. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

31) An understanding of DHCS’ needs and the importance of Program’s needs.

32) The tangible results that are expected to be achieved.

33) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

34) How performance of the SOW [program determines this][TJ168] will be effectively integrated into the proposing firm’s current obligations and existing workload.

35) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

ggg. Proposing Firm’s Capability[A169] [TJ170]

31) Include a brief history of the proposing firm, including:

m) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

n) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

32) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A171] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xxv. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

xxvi. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xxvii. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xxviii. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

33) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

kk) Name of agency or firm for whom services were performed;

ll) Identification of a contact person;

mm) Duration or length of the project;

nn) Total cost or value of the project;

oo) Indicate if the account or project is “active/open” or “closed/settled”; and

pp) Briefly describe the type and nature of the services performed.

34) For each type of experience reported above, proposers shall provide:[TJ172]

ccc) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

ddd) Client size;

eee) Number of transactions per year;

fff) Type of work performed (e.g. enrollment broker, facilities manager);

ggg) Complexity and scope of the operations;

hhh) Percentage of service performed by subcontractors and/or independent consultants;

iii) Whether the experience is that of the proposer, or a subsidiary of another business entity;

jjj) Reason for contract termination, if the contract is no longer in effect;

kkk) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

35) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

hhh. Work Plan

19) Overview

s) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

t) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

u) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

20) Rejection of tasks, activities or functions

m) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

n) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

21) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

uuu) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

vvv) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

www) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

xxx) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

yyy) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

zzz) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

aaaa) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

bbbb) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xix.Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xx. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xxi.Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

cccc) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

dddd) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

eeee) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

ffff) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

iii. Management Plan

31) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

32) Describe the fiscal accounting processes and budgetary controls[TJ173] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

y) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

z) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

aa) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

bb) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

33) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

34) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

35) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

jjj. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

26) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

qq) Position titles for all proposed employees (persons on the proposing firm’s payroll).

rr) Number of personnel in each position.

ss) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

tt) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

uu) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

vv) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xiii. Briefly, describe each person’s expertise, capabilities, and credentials.

xiv.Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

ww) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

27) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

g) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

28) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

29) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

g) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xiii. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xiv.For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

kkk. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

7) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

m) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

n) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

13) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

14) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

QQQQQ. Official Means of Communication

15. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

16. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

RRRRR. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

SSSSS. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

29. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

v. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

w. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

x. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

30. For United States Postal Service Delivery

o. All documents mailed to DHCS must adhere to the directions provided in this RFP.

p. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

31. Email Delivery

o. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

p. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

32. Email Delivery

v. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

w. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

x. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

TTTTT. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

22. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

23. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

24. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

UUUUU. Time Schedule[A174]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

VVVVV. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

WWWWW. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

29. What to include in an inquiry

cc. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

dd. A description of the subject or issue in question or discrepancy found, and the remedy sought.

ee. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

ff. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

30. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

o. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

p. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

o. DVBE participation requirements and how to complete the DVBE attachments.

p. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

31. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

32. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

XXXXX. Data Library

36. Data Library

h. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

37. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

38. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ175] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

viii. Appendix 1.2 – Request for Data Library Material

h) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

39. Updates to the Data Library Material

v. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

w. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

x. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

40. Disclaimer

cc. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

dd. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

ee. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

ff. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

YYYYY. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

15. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

16. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

ZZZZZ. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

AAAAAA. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

BBBBBB. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

15. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

16. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

CCCCCC. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

DDDDDD. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

120. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

xx. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

yy. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

zz. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

aaa. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

bbb. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

ccc. [Example -- Systems Requirements]

ddd. [Example – Licensing Requirements]

121. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

122. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

123. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

124. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

jj. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

kk. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

8) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

jj) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

kk) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

ll) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

mm) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

nn) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

ll. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

29) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

30) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

31) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

32) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ176] [TJ177]

mm. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

nn. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

125. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

126. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

127. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

128. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

129. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

15) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

16) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

130. Attestations

Proposers must provide the following:

v. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

w. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

x. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

131. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

cc. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

dd. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

ee. Certificate of Independent Price Determination

8) The prospective proposer certifies that:

h) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

p) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

q) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

ff. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

29) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

30) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

31) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

32) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

132. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

133. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

134. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

o. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

p. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

cc. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

dd. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

ee. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

ff. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

135. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

v. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

h) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

w. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

x. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

136. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

EEEEEE. General Proposal Submission Instructions

22. Proposers Must Adhere to All of the Following Instructions

nnnn. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

oooo. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

pppp. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

qqqq. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

rrrr. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ178] [TJ179]

ssss.

tttt. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

uuuu. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

vvvv. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

wwww. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

xxxx. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

yyyy.

zzzz. Proposals may not be transmitted electronically by fax.

23. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

v. DHCS is not accepting printed copies of proposals.

w. All emailed proposals will be dated and time stamped upon receipt at DHCS.

x. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

o. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

p. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

24. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

FFFFFF. Narrative Proposal Submission, Format and Content Requirements[TJ180] [TJ181]

29. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

h. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ182]

h. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

30. Submission Requirements

h. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

jj. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

kk. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

ll. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

mm. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

nn. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

p. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ183]

q. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

31. Format Requirements

v. Format each page using one-inch (1”) margins at the top, bottom and both sides.

w. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

x. Print pages double-sided on white bond paper.

32. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

lll. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ184]

15) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

16) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

mmm. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ185]

15) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

16) The letter shall include:

lll) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ186]

mmm) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

nnn) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

ooo) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

ppp) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

qqq) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

rrr) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xv. The names and addresses of all affiliates of the Proposer.

xvi.The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

sss) A statement that the Proposal is complete as submitted.

ttt) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

nnn. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

ooo. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

36) An understanding of DHCS’ needs and the importance of Program’s needs.

37) The tangible results that are expected to be achieved.

38) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

39) How performance of the SOW [program determines this][TJ187] will be effectively integrated into the proposing firm’s current obligations and existing workload.

40) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

ppp. Proposing Firm’s Capability[A188] [TJ189]

36) Include a brief history of the proposing firm, including:

o) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

p) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

37) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A190] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xxix. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

xxx. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xxxi. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xxxii. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

38) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

qq) Name of agency or firm for whom services were performed;

rr) Identification of a contact person;

ss) Duration or length of the project;

tt) Total cost or value of the project;

uu) Indicate if the account or project is “active/open” or “closed/settled”; and

vv) Briefly describe the type and nature of the services performed.

39) For each type of experience reported above, proposers shall provide:[TJ191]

lll) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

mmm) Client size;

nnn) Number of transactions per year;

ooo) Type of work performed (e.g. enrollment broker, facilities manager);

ppp) Complexity and scope of the operations;

qqq) Percentage of service performed by subcontractors and/or independent consultants;

rrr) Whether the experience is that of the proposer, or a subsidiary of another business entity;

sss) Reason for contract termination, if the contract is no longer in effect;

ttt) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

40) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

qqq. Work Plan

22) Overview

v) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

w) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

x) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

23) Rejection of tasks, activities or functions

o) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

p) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

24) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

gggg) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

hhhh) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

iiii) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

jjjj) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

kkkk) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

llll) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

mmmm) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

nnnn) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xxii. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xxiii. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xxiv. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

oooo) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

pppp) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

qqqq) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

rrrr) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

rrr. Management Plan

36) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

37) Describe the fiscal accounting processes and budgetary controls[TJ192] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

cc) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

dd) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

ee) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

ff) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

38) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

39) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

40) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

sss. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

30) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

xx) Position titles for all proposed employees (persons on the proposing firm’s payroll).

yy) Number of personnel in each position.

zz) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

aaa) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

bbb) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

ccc) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xv. Briefly, describe each person’s expertise, capabilities, and credentials.

xvi.Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

ddd) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

31) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

h) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

32) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

33) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

h) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xv. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xvi.For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

ttt. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

8) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

o) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

p) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

15) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

16) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

GGGGGG. Official Means of Communication

17. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

18. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

HHHHHH. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

IIIIII. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

33. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

y. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

z. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

aa. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

34. For United States Postal Service Delivery

q. All documents mailed to DHCS must adhere to the directions provided in this RFP.

r. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

35. Email Delivery

q. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

r. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

36. Email Delivery

y. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

z. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

aa. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

JJJJJJ. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

25. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

26. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

27. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

KKKKKK. Time Schedule[A193]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

LLLLLL. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

MMMMMM. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

33. What to include in an inquiry

gg. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

hh. A description of the subject or issue in question or discrepancy found, and the remedy sought.

ii. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

jj. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

34. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

q. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

r. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

q. DVBE participation requirements and how to complete the DVBE attachments.

r. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

35. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

36. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

NNNNNN. Data Library

41. Data Library

i. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

42. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

43. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ194] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

ix. Appendix 1.2 – Request for Data Library Material

i) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

44. Updates to the Data Library Material

y. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

z. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

aa. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

45. Disclaimer

gg. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

hh. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

ii. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

jj. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

OOOOOO. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

17. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

18. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

PPPPPP. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

QQQQQQ. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

RRRRRR. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

17. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

18. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

SSSSSS. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

TTTTTT. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

137. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

eee. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

fff. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

ggg. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

hhh. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

iii. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

jjj. [Example -- Systems Requirements]

kkk. [Example – Licensing Requirements]

138. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

139. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

140. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

141. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

oo. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

pp. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

9) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

oo) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

pp) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

qq) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

rr) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

ss) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

qq. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

33) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

34) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

35) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

36) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ195] [TJ196]

rr. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

ss. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

142. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

143. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

144. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

145. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

146. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

17) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

18) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

147. Attestations

Proposers must provide the following:

y. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

z. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

aa. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

148. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

gg. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

hh. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

ii. Certificate of Independent Price Determination

9) The prospective proposer certifies that:

i) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

r) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

s) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

jj. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

33) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

34) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

35) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

36) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

149. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

150. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

151. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

q. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

r. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

gg. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

hh. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

ii. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

jj. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

152. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

y. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

i) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

z. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

aa. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

153. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

UUUUUU. General Proposal Submission Instructions

25. Proposers Must Adhere to All of the Following Instructions

aaaaa. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

bbbbb. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

ccccc. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

ddddd. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

eeeee. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ197] [TJ198]

fffff.

ggggg. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

hhhhh. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

iiiii. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

jjjjj. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

kkkkk. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

lllll.

mmmmm. Proposals may not be transmitted electronically by fax.

26. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

y. DHCS is not accepting printed copies of proposals.

z. All emailed proposals will be dated and time stamped upon receipt at DHCS.

aa. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

q. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

r. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

27. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

VVVVVV. Narrative Proposal Submission, Format and Content Requirements[TJ199] [TJ200]

33. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

i. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ201]

i. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

34. Submission Requirements

i. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

oo. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

pp. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

qq. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

rr. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

ss. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

r. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ202]

s. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

35. Format Requirements

y. Format each page using one-inch (1”) margins at the top, bottom and both sides.

z. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

aa. Print pages double-sided on white bond paper.

36. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

uuu. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ203]

17) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

18) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

vvv. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ204]

17) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

18) The letter shall include:

uuu) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ205]

vvv) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

www) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

xxx) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

yyy) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

zzz) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

aaaa) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xvii. The names and addresses of all affiliates of the Proposer.

xviii. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

bbbb) A statement that the Proposal is complete as submitted.

cccc) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

www. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

xxx. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

41) An understanding of DHCS’ needs and the importance of Program’s needs.

42) The tangible results that are expected to be achieved.

43) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

44) How performance of the SOW [program determines this][TJ206] will be effectively integrated into the proposing firm’s current obligations and existing workload.

45) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

yyy. Proposing Firm’s Capability[A207] [TJ208]

41) Include a brief history of the proposing firm, including:

q) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

r) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

42) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A209] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xxxiii. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

xxxiv. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xxxv. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xxxvi. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

43) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

ww) Name of agency or firm for whom services were performed;

xx) Identification of a contact person;

yy) Duration or length of the project;

zz) Total cost or value of the project;

aaa) Indicate if the account or project is “active/open” or “closed/settled”; and

bbb) Briefly describe the type and nature of the services performed.

44) For each type of experience reported above, proposers shall provide:[TJ210]

uuu) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

vvv) Client size;

www) Number of transactions per year;

xxx) Type of work performed (e.g. enrollment broker, facilities manager);

yyy) Complexity and scope of the operations;

zzz) Percentage of service performed by subcontractors and/or independent consultants;

aaaa) Whether the experience is that of the proposer, or a subsidiary of another business entity;

bbbb) Reason for contract termination, if the contract is no longer in effect;

cccc) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

45) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

zzz. Work Plan

25) Overview

y) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

z) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

aa) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

26) Rejection of tasks, activities or functions

q) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

r) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

27) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

ssss) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

tttt) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

uuuu) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

vvvv) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

wwww) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

xxxx) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

yyyy) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

zzzz) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xxv. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xxvi. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xxvii. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

aaaaa) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

bbbbb) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

ccccc) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

ddddd) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

aaaa. Management Plan

41) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

42) Describe the fiscal accounting processes and budgetary controls[TJ211] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

gg) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

hh) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

ii) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

jj) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

43) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

44) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

45) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

bbbb. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

34) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

eee) Position titles for all proposed employees (persons on the proposing firm’s payroll).

fff) Number of personnel in each position.

ggg) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

hhh) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

iii) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

jjj) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xvii. Briefly, describe each person’s expertise, capabilities, and credentials.

xviii. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

kkk) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

35) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

i) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

36) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

37) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

i) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xvii. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xviii. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

cccc. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

9) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

q) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

r) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

17) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

18) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

WWWWWW. Official Means of Communication

19. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

20. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

XXXXXX. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

YYYYYY. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

37. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

bb. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

cc. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

dd. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

38. For United States Postal Service Delivery

s. All documents mailed to DHCS must adhere to the directions provided in this RFP.

t. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

39. Email Delivery

s. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

t. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

40. Email Delivery

bb. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

cc. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

dd. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

ZZZZZZ. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

28. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

29. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

30. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

AAAAAAA. Time Schedule[A212]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

BBBBBBB. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

CCCCCCC. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

37. What to include in an inquiry

kk. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

ll. A description of the subject or issue in question or discrepancy found, and the remedy sought.

mm. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

nn. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

38. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

s. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

t. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

s. DVBE participation requirements and how to complete the DVBE attachments.

t. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

39. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

40. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

DDDDDDD. Data Library

46. Data Library

j. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

47. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

48. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ213] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

x. Appendix 1.2 – Request for Data Library Material

j) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

49. Updates to the Data Library Material

bb. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

cc. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

dd. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

50. Disclaimer

kk. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

ll. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

mm. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

nn. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

EEEEEEE. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

19. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

20. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

FFFFFFF. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

GGGGGGG. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

HHHHHHH. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

19. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

20. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

IIIIIII. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

JJJJJJJ. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

154. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

lll. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

mmm. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

nnn. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

ooo. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

ppp. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

qqq. [Example -- Systems Requirements]

rrr. [Example – Licensing Requirements]

155. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

156. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

157. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

158. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

tt. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

uu. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

10) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

tt) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

uu) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

vv) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

ww) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

xx) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

vv. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

37) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

38) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

39) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

40) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ214] [TJ215]

ww. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

xx. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

159. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

160. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

161. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

162. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

163. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

19) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

20) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

164. Attestations

Proposers must provide the following:

bb. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

cc. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

dd. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

165. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

kk. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

ll. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

mm. Certificate of Independent Price Determination

10) The prospective proposer certifies that:

j) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

t) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

u) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

nn. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

37) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

38) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

39) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

40) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

166. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

167. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

168. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

s. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

t. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

kk. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

ll. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

mm. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

nn. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

169. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

bb. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

j) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

cc. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

dd. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

170. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

KKKKKKK. General Proposal Submission Instructions

28. Proposers Must Adhere to All of the Following Instructions

nnnnn. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

ooooo. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

ppppp. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

qqqqq. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

rrrrr. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ216] [TJ217]

sssss.

ttttt. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

uuuuu. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

vvvvv. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

wwwww. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

xxxxx. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

yyyyy.

zzzzz. Proposals may not be transmitted electronically by fax.

29. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

bb. DHCS is not accepting printed copies of proposals.

cc. All emailed proposals will be dated and time stamped upon receipt at DHCS.

dd. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

s. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

t. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

30. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

LLLLLLL. Narrative Proposal Submission, Format and Content Requirements[TJ218] [TJ219]

37. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

j. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ220]

j. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

38. Submission Requirements

j. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

tt. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

uu. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

vv. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

ww. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

xx. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

t. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ221]

u. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

39. Format Requirements

bb. Format each page using one-inch (1”) margins at the top, bottom and both sides.

cc. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

dd. Print pages double-sided on white bond paper.

40. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

dddd. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ222]

19) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

20) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

eeee. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ223]

19) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

20) The letter shall include:

dddd) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ224]

eeee) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

ffff) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

gggg) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

hhhh) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

iiii) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

jjjj) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xix.The names and addresses of all affiliates of the Proposer.

xx. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

kkkk) A statement that the Proposal is complete as submitted.

llll) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

ffff. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

gggg. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

46) An understanding of DHCS’ needs and the importance of Program’s needs.

47) The tangible results that are expected to be achieved.

48) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

49) How performance of the SOW [program determines this][TJ225] will be effectively integrated into the proposing firm’s current obligations and existing workload.

50) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

hhhh. Proposing Firm’s Capability[A226] [TJ227]

46) Include a brief history of the proposing firm, including:

s) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

t) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

47) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A228] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xxxvii. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

xxxviii. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xxxix. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xl. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

48) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

ccc) Name of agency or firm for whom services were performed;

ddd) Identification of a contact person;

eee) Duration or length of the project;

fff) Total cost or value of the project;

ggg) Indicate if the account or project is “active/open” or “closed/settled”; and

hhh) Briefly describe the type and nature of the services performed.

49) For each type of experience reported above, proposers shall provide:[TJ229]

dddd) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

eeee) Client size;

ffff) Number of transactions per year;

gggg) Type of work performed (e.g. enrollment broker, facilities manager);

hhhh) Complexity and scope of the operations;

iiii) Percentage of service performed by subcontractors and/or independent consultants;

jjjj) Whether the experience is that of the proposer, or a subsidiary of another business entity;

kkkk) Reason for contract termination, if the contract is no longer in effect;

llll) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

50) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

iiii. Work Plan

28) Overview

bb) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

cc) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

dd) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

29) Rejection of tasks, activities or functions

s) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

t) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

30) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

eeeee) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

fffff) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

ggggg) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

hhhhh) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

iiiii) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

jjjjj) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

kkkkk) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

lllll) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xxviii. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xxix. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xxx. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

mmmmm) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

nnnnn) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

ooooo) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

ppppp) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

jjjj. Management Plan

46) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

47) Describe the fiscal accounting processes and budgetary controls[TJ230] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

kk) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

ll) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

mm) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

nn) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

48) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

49) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

50) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

kkkk. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

38) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

lll) Position titles for all proposed employees (persons on the proposing firm’s payroll).

mmm) Number of personnel in each position.

nnn) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

ooo) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

ppp) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

qqq) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xix.Briefly, describe each person’s expertise, capabilities, and credentials.

xx. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

rrr) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

39) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

j) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

40) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

41) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

j) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xix.For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xx. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

llll. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

10) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

s) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

t) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

19) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

20) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

MMMMMMM. Official Means of Communication

21. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

22. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

NNNNNNN. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

OOOOOOO. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

41. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

ee. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

ff. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

gg. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

42. For United States Postal Service Delivery

u. All documents mailed to DHCS must adhere to the directions provided in this RFP.

v. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

43. Email Delivery

u. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

v. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

44. Email Delivery

ee. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

ff. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

gg. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

PPPPPPP. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

31. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

32. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

33. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

QQQQQQQ. Time Schedule[A231]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

RRRRRRR. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

SSSSSSS. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

41. What to include in an inquiry

oo. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

pp. A description of the subject or issue in question or discrepancy found, and the remedy sought.

qq. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

rr. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

42. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

u. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

v. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

u. DVBE participation requirements and how to complete the DVBE attachments.

v. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

43. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

44. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

TTTTTTT. Data Library

51. Data Library

k. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

52. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

53. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ232] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

xi. Appendix 1.2 – Request for Data Library Material

k) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

54. Updates to the Data Library Material

ee. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

ff. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

gg. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

55. Disclaimer

oo. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

pp. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

qq. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

rr. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

UUUUUUU. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

21. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

22. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

VVVVVVV. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

WWWWWWW. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

XXXXXXX. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

21. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

22. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

YYYYYYY. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

ZZZZZZZ. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

171. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

sss. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

ttt. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

uuu. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

vvv. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

www. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

xxx. [Example -- Systems Requirements]

yyy. [Example – Licensing Requirements]

172. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

173. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

174. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

175. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

yy. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

zz. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

11) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

yy) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

zz) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

aaa) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

bbb) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

ccc) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

aaa. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

41) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

42) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

43) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

44) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ233] [TJ234]

bbb. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

ccc. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

176. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

177. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

178. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

179. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

180. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

21) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

22) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

181. Attestations

Proposers must provide the following:

ee. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

ff. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

gg. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

182. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

oo. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

pp. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

qq. Certificate of Independent Price Determination

11) The prospective proposer certifies that:

k) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

v) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

w) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

rr. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

41) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

42) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

43) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

44) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

183. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

184. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

185. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

u. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

v. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

oo. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

pp. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

qq. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

rr. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

186. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

ee. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

k) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

ff. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

gg. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

187. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

AAAAAAAA. General Proposal Submission Instructions

31. Proposers Must Adhere to All of the Following Instructions

aaaaaa. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

bbbbbb. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

cccccc. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

dddddd. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

eeeeee. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ235] [TJ236]

ffffff.

gggggg. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

hhhhhh. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

iiiiii. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

jjjjjj. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

kkkkkk. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

llllll.

mmmmmm. Proposals may not be transmitted electronically by fax.

32. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

ee. DHCS is not accepting printed copies of proposals.

ff. All emailed proposals will be dated and time stamped upon receipt at DHCS.

gg. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

u. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

v. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

33. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

BBBBBBBB. Narrative Proposal Submission, Format and Content Requirements[TJ237] [TJ238]

41. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

k. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ239]

k. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

42. Submission Requirements

k. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

yy. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

zz. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

aaa. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

bbb. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

ccc. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

v. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ240]

w. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

43. Format Requirements

ee. Format each page using one-inch (1”) margins at the top, bottom and both sides.

ff. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

gg. Print pages double-sided on white bond paper.

44. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

mmmm. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ241]

21) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

22) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

nnnn. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ242]

21) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

22) The letter shall include:

mmmm) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ243]

nnnn) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

oooo) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

pppp) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

qqqq) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

rrrr) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

ssss) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xxi.The names and addresses of all affiliates of the Proposer.

xxii. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

tttt) A statement that the Proposal is complete as submitted.

uuuu) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

oooo. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

pppp. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

51) An understanding of DHCS’ needs and the importance of Program’s needs.

52) The tangible results that are expected to be achieved.

53) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

54) How performance of the SOW [program determines this][TJ244] will be effectively integrated into the proposing firm’s current obligations and existing workload.

55) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

qqqq. Proposing Firm’s Capability[A245] [TJ246]

51) Include a brief history of the proposing firm, including:

u) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

v) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

52) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A247] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xli. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

xlii. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xliii. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xliv. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

53) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

iii) Name of agency or firm for whom services were performed;

jjj) Identification of a contact person;

kkk) Duration or length of the project;

lll) Total cost or value of the project;

mmm) Indicate if the account or project is “active/open” or “closed/settled”; and

nnn) Briefly describe the type and nature of the services performed.

54) For each type of experience reported above, proposers shall provide:[TJ248]

mmmm) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

nnnn) Client size;

oooo) Number of transactions per year;

pppp) Type of work performed (e.g. enrollment broker, facilities manager);

qqqq) Complexity and scope of the operations;

rrrr) Percentage of service performed by subcontractors and/or independent consultants;

ssss) Whether the experience is that of the proposer, or a subsidiary of another business entity;

tttt) Reason for contract termination, if the contract is no longer in effect;

uuuu) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

55) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

rrrr. Work Plan

31) Overview

ee) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

ff) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

gg) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

32) Rejection of tasks, activities or functions

u) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

v) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

33) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

qqqqq) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

rrrrr) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

sssss) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

ttttt) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

uuuuu) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

vvvvv) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

wwwww) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

xxxxx) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xxxi. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xxxii. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xxxiii. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

yyyyy) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

zzzzz) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

aaaaaa) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

bbbbbb) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

ssss. Management Plan

51) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

52) Describe the fiscal accounting processes and budgetary controls[TJ249] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

oo) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

pp) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

qq) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

rr) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

53) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

54) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

55) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

tttt. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

42) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

sss) Position titles for all proposed employees (persons on the proposing firm’s payroll).

ttt) Number of personnel in each position.

uuu) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

vvv) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

www) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

xxx) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xxi.Briefly, describe each person’s expertise, capabilities, and credentials.

xxii. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

yyy) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

43) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

k) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

44) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

45) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

k) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xxi.For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xxii. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

uuuu. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

11) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

u) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

v) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

21) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

22) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

CCCCCCCC. Official Means of Communication

23. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

24. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

DDDDDDDD. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

EEEEEEEE. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

45. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

hh. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

ii. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

jj. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

46. For United States Postal Service Delivery

w. All documents mailed to DHCS must adhere to the directions provided in this RFP.

x. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

47. Email Delivery

w. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

x. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

48. Email Delivery

hh. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

ii. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

jj. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

FFFFFFFF. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

34. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

35. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

36. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

GGGGGGGG. Time Schedule[A250]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

HHHHHHHH. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

IIIIIIII. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

45. What to include in an inquiry

ss. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

tt. A description of the subject or issue in question or discrepancy found, and the remedy sought.

uu. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

vv. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

46. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

w. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

x. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

w. DVBE participation requirements and how to complete the DVBE attachments.

x. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

47. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

48. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

JJJJJJJJ. Data Library

56. Data Library

l. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

57. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

58. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ251] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

xii. Appendix 1.2 – Request for Data Library Material

l) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

59. Updates to the Data Library Material

hh. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

ii. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

jj. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

60. Disclaimer

ss. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

tt. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

uu. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

vv. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

KKKKKKKK. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

23. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

24. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

LLLLLLLL. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

MMMMMMMM. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

NNNNNNNN. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

23. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

24. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

OOOOOOOO. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

PPPPPPPP. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

188. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

zzz. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

aaaa. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

bbbb. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

cccc. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

dddd. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

eeee. [Example -- Systems Requirements]

ffff. [Example – Licensing Requirements]

189. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

190. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

191. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

192. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

ddd. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

eee. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

12) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

ddd) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

eee) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

fff) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

ggg) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

hhh) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

fff. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

45) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

46) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

47) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

48) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ252] [TJ253]

ggg. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

hhh. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

193. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

194. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

195. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

196. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

197. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

23) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

24) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

198. Attestations

Proposers must provide the following:

hh. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

ii. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

jj. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

199. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

ss. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

tt. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

uu. Certificate of Independent Price Determination

12) The prospective proposer certifies that:

l) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

x) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

y) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

vv. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

45) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

46) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

47) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

48) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

200. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

201. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

202. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

w. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

x. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

ss. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

tt. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

uu. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

vv. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

203. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

hh. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

l) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

ii. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

jj. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

204. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

QQQQQQQQ. General Proposal Submission Instructions

34. Proposers Must Adhere to All of the Following Instructions

nnnnnn. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

oooooo. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

pppppp. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

qqqqqq. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

rrrrrr. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ254] [TJ255]

ssssss.

tttttt. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

uuuuuu. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

vvvvvv. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

wwwwww. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

xxxxxx. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

yyyyyy.

zzzzzz. Proposals may not be transmitted electronically by fax.

35. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

hh. DHCS is not accepting printed copies of proposals.

ii. All emailed proposals will be dated and time stamped upon receipt at DHCS.

jj. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

w. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

x. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

36. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

RRRRRRRR. Narrative Proposal Submission, Format and Content Requirements[TJ256] [TJ257]

45. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

l. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ258]

l. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

46. Submission Requirements

l. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

ddd. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

eee. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

fff. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

ggg. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

hhh. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

x. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ259]

y. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

47. Format Requirements

hh. Format each page using one-inch (1”) margins at the top, bottom and both sides.

ii. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

jj. Print pages double-sided on white bond paper.

48. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

vvvv. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ260]

23) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

24) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

wwww. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ261]

23) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

24) The letter shall include:

vvvv) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ262]

wwww) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

xxxx) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

yyyy) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

zzzz) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

aaaaa) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

bbbbb) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xxiii. The names and addresses of all affiliates of the Proposer.

xxiv. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

ccccc) A statement that the Proposal is complete as submitted.

ddddd) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

xxxx. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

yyyy. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

56) An understanding of DHCS’ needs and the importance of Program’s needs.

57) The tangible results that are expected to be achieved.

58) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

59) How performance of the SOW [program determines this][TJ263] will be effectively integrated into the proposing firm’s current obligations and existing workload.

60) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

zzzz. Proposing Firm’s Capability[A264] [TJ265]

56) Include a brief history of the proposing firm, including:

w) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

x) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

57) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A266] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xlv.Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

xlvi. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

xlvii. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

xlviii. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

58) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

ooo) Name of agency or firm for whom services were performed;

ppp) Identification of a contact person;

qqq) Duration or length of the project;

rrr) Total cost or value of the project;

sss) Indicate if the account or project is “active/open” or “closed/settled”; and

ttt) Briefly describe the type and nature of the services performed.

59) For each type of experience reported above, proposers shall provide:[TJ267]

vvvv) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

wwww) Client size;

xxxx) Number of transactions per year;

yyyy) Type of work performed (e.g. enrollment broker, facilities manager);

zzzz) Complexity and scope of the operations;

aaaaa) Percentage of service performed by subcontractors and/or independent consultants;

bbbbb) Whether the experience is that of the proposer, or a subsidiary of another business entity;

ccccc) Reason for contract termination, if the contract is no longer in effect;

ddddd) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

60) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

aaaaa. Work Plan

34) Overview

hh) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

ii) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

jj) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

35) Rejection of tasks, activities or functions

w) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

x) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

36) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

cccccc) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

dddddd) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

eeeeee) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

ffffff) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

gggggg) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

hhhhhh) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

iiiiii) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

jjjjjj) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xxxiv. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xxxv. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xxxvi. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

kkkkkk) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

llllll) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

mmmmmm) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

nnnnnn) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

bbbbb. Management Plan

56) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

57) Describe the fiscal accounting processes and budgetary controls[TJ268] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

ss) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

tt) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

uu) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

vv) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

58) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

59) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

60) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

ccccc. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

46) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

zzz) Position titles for all proposed employees (persons on the proposing firm’s payroll).

aaaa) Number of personnel in each position.

bbbb) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

cccc) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

dddd) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

eeee) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xxiii. Briefly, describe each person’s expertise, capabilities, and credentials.

xxiv. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

ffff) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

47) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

l) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

48) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

49) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

l) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xxiii. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xxiv. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

ddddd. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

12) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

w) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

x) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

23) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

24) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

SSSSSSSS. Official Means of Communication

25. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

26. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

TTTTTTTT. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

UUUUUUUU. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

49. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

kk. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

ll. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

mm. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

50. For United States Postal Service Delivery

y. All documents mailed to DHCS must adhere to the directions provided in this RFP.

z. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

51. Email Delivery

y. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

z. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

52. Email Delivery

kk. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

ll. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

mm. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

VVVVVVVV. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

37. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

38. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

39. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

WWWWWWWW. Time Schedule[A269]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

XXXXXXXX. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

YYYYYYYY. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

49. What to include in an inquiry

ww. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

xx. A description of the subject or issue in question or discrepancy found, and the remedy sought.

yy. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

zz. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

50. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

y. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

z. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

y. DVBE participation requirements and how to complete the DVBE attachments.

z. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

51. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

52. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

ZZZZZZZZ. Data Library

61. Data Library

m. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

62. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

63. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ270] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

xiii. Appendix 1.2 – Request for Data Library Material

m) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

64. Updates to the Data Library Material

kk. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

ll. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

mm. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

65. Disclaimer

ww. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

xx. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

yy. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

zz. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

AAAAAAAAA. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

25. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

26. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

BBBBBBBBB. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

CCCCCCCCC. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

DDDDDDDDD. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

25. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

26. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

EEEEEEEEE. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

FFFFFFFFF. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

205. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

gggg. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

hhhh. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

iiii. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

jjjj. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

kkkk. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

llll. [Example -- Systems Requirements]

mmmm. [Example – Licensing Requirements]

206. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

207. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

208. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

209. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

iii. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

jjj. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

13) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

iii) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

jjj) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

kkk) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

lll) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

mmm) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

kkk. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

49) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

50) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

51) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

52) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ271] [TJ272]

lll. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

mmm. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

210. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

211. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

212. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

213. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

214. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

25) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

26) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

215. Attestations

Proposers must provide the following:

kk. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

ll. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

mm. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

216. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

ww. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

xx. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

yy. Certificate of Independent Price Determination

13) The prospective proposer certifies that:

m) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

z) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

aa) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

zz. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

49) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

50) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

51) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

52) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

217. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

218. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

219. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

y. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

z. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

ww. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

xx. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

yy. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

zz. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

220. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

kk. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

m) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

ll. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

mm. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

221. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

GGGGGGGGG. General Proposal Submission Instructions

37. Proposers Must Adhere to All of the Following Instructions

aaaaaaa. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

bbbbbbb. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

ccccccc. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

ddddddd. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

eeeeeee. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ273] [TJ274]

fffffff.

ggggggg. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

hhhhhhh. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

iiiiiii. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

jjjjjjj. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

kkkkkkk. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

lllllll.

mmmmmmm. Proposals may not be transmitted electronically by fax.

38. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

kk. DHCS is not accepting printed copies of proposals.

ll. All emailed proposals will be dated and time stamped upon receipt at DHCS.

mm. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

y. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

z. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

39. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

HHHHHHHHH. Narrative Proposal Submission, Format and Content Requirements[TJ275] [TJ276]

49. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

m. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ277]

m. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

50. Submission Requirements

m. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

iii. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

jjj. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

kkk. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

lll. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

mmm. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

z. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ278]

aa. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

51. Format Requirements

kk. Format each page using one-inch (1”) margins at the top, bottom and both sides.

ll. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

mm. Print pages double-sided on white bond paper.

52. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

eeeee. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ279]

25) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

26) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

fffff. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ280]

25) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

26) The letter shall include:

eeeee) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ281]

fffff) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

ggggg) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

hhhhh) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

iiiii) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

jjjjj) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

kkkkk) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xxv. The names and addresses of all affiliates of the Proposer.

xxvi. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

lllll) A statement that the Proposal is complete as submitted.

mmmmm) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

ggggg. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

hhhhh. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

61) An understanding of DHCS’ needs and the importance of Program’s needs.

62) The tangible results that are expected to be achieved.

63) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

64) How performance of the SOW [program determines this][TJ282] will be effectively integrated into the proposing firm’s current obligations and existing workload.

65) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

iiiii. Proposing Firm’s Capability[A283] [TJ284]

61) Include a brief history of the proposing firm, including:

y) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

z) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

62) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A285] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

xlix. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

l. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

li. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

lii. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

63) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

uuu) Name of agency or firm for whom services were performed;

vvv) Identification of a contact person;

www) Duration or length of the project;

xxx) Total cost or value of the project;

yyy) Indicate if the account or project is “active/open” or “closed/settled”; and

zzz) Briefly describe the type and nature of the services performed.

64) For each type of experience reported above, proposers shall provide:[TJ286]

eeeee) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

fffff) Client size;

ggggg) Number of transactions per year;

hhhhh) Type of work performed (e.g. enrollment broker, facilities manager);

iiiii) Complexity and scope of the operations;

jjjjj) Percentage of service performed by subcontractors and/or independent consultants;

kkkkk) Whether the experience is that of the proposer, or a subsidiary of another business entity;

lllll) Reason for contract termination, if the contract is no longer in effect;

mmmmm) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

65) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

jjjjj. Work Plan

37) Overview

kk) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

ll) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

mm) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

38) Rejection of tasks, activities or functions

y) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

z) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

39) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

oooooo) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

pppppp) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

qqqqqq) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

rrrrrr) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

ssssss) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

tttttt) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

uuuuuu) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

vvvvvv) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xxxvii. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xxxviii. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xxxix. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

wwwwww) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

xxxxxx) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

yyyyyy) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

zzzzzz) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

kkkkk. Management Plan

61) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

62) Describe the fiscal accounting processes and budgetary controls[TJ287] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

ww) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

xx) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

yy) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

zz) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

63) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

64) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

65) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

lllll. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

50) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

gggg) Position titles for all proposed employees (persons on the proposing firm’s payroll).

hhhh) Number of personnel in each position.

iiii) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

jjjj) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

kkkk) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

llll) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xxv. Briefly, describe each person’s expertise, capabilities, and credentials.

xxvi. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

mmmm) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

51) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

m) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

52) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

53) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

m) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xxv. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xxvi. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

mmmmm. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

13) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

y) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

z) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

25) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

26) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

IIIIIIIII. Official Means of Communication

27. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

28. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

JJJJJJJJJ. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

KKKKKKKKK. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

53. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

nn. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

oo. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

pp. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

54. For United States Postal Service Delivery

aa. All documents mailed to DHCS must adhere to the directions provided in this RFP.

bb. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

55. Email Delivery

aa. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

bb. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

56. Email Delivery

nn. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

oo. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

pp. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

LLLLLLLLL. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

40. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

41. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

42. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

MMMMMMMMM. Time Schedule[A288]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

NNNNNNNNN. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

OOOOOOOOO. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

53. What to include in an inquiry

aaa. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

bbb. A description of the subject or issue in question or discrepancy found, and the remedy sought.

ccc. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

ddd. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

54. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

aa. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

bb. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

aa. DVBE participation requirements and how to complete the DVBE attachments.

bb. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

55. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

56. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

PPPPPPPPP. Data Library

66. Data Library

n. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

67. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

68. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ289] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

xiv.Appendix 1.2 – Request for Data Library Material

n) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

69. Updates to the Data Library Material

nn. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

oo. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

pp. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

70. Disclaimer

aaa. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

bbb. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

ccc. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

ddd. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

QQQQQQQQQ. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

27. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

28. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

RRRRRRRRR. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

SSSSSSSSS. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

TTTTTTTTT. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

27. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

28. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

UUUUUUUUU. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

VVVVVVVVV. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

222. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

nnnn. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

oooo. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

pppp. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

qqqq. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

rrrr. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

ssss. [Example -- Systems Requirements]

tttt. [Example – Licensing Requirements]

223. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

224. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

225. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

226. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

nnn. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

ooo. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

14) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

nnn) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

ooo) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

ppp) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

qqq) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

rrr) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

ppp. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

53) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

54) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

55) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

56) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ290] [TJ291]

qqq. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

rrr. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

227. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

228. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

229. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

230. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

231. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

27) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

28) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

232. Attestations

Proposers must provide the following:

nn. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

oo. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

pp. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

233. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

aaa. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

bbb. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

ccc. Certificate of Independent Price Determination

14) The prospective proposer certifies that:

n) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

bb) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

cc) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

ddd. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

53) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

54) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

55) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

56) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

234. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

235. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

236. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

aa. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

bb. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

aaa. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

bbb. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

ccc. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

ddd. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

237. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

nn. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

n) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

oo. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

pp. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

238. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

WWWWWWWWW. General Proposal Submission Instructions

40. Proposers Must Adhere to All of the Following Instructions

nnnnnnn. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

ooooooo. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

ppppppp. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

qqqqqqq. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

rrrrrrr. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ292] [TJ293]

sssssss.

ttttttt. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

uuuuuuu. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

vvvvvvv. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

wwwwwww. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

xxxxxxx. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

yyyyyyy.

zzzzzzz. Proposals may not be transmitted electronically by fax.

41. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

nn. DHCS is not accepting printed copies of proposals.

oo. All emailed proposals will be dated and time stamped upon receipt at DHCS.

pp. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

aa. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

bb. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

42. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

XXXXXXXXX. Narrative Proposal Submission, Format and Content Requirements[TJ294] [TJ295]

53. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

n. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ296]

n. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

54. Submission Requirements

n. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

nnn. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

ooo. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

ppp. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

qqq. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

rrr. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

bb. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ297]

cc. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

55. Format Requirements

nn. Format each page using one-inch (1”) margins at the top, bottom and both sides.

oo. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

pp. Print pages double-sided on white bond paper.

56. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

nnnnn. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ298]

27) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

28) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

ooooo. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ299]

27) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

28) The letter shall include:

nnnnn) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ300]

ooooo) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

ppppp) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

qqqqq) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

rrrrr) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

sssss) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

ttttt) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xxvii. The names and addresses of all affiliates of the Proposer.

xxviii. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

uuuuu) A statement that the Proposal is complete as submitted.

vvvvv) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

ppppp. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

qqqqq. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

66) An understanding of DHCS’ needs and the importance of Program’s needs.

67) The tangible results that are expected to be achieved.

68) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

69) How performance of the SOW [program determines this][TJ301] will be effectively integrated into the proposing firm’s current obligations and existing workload.

70) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

rrrrr. Proposing Firm’s Capability[A302] [TJ303]

66) Include a brief history of the proposing firm, including:

aa) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

bb) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

67) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A304] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

liii. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

liv. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

lv. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

lvi. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

68) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

aaaa) Name of agency or firm for whom services were performed;

bbbb) Identification of a contact person;

cccc) Duration or length of the project;

dddd) Total cost or value of the project;

eeee) Indicate if the account or project is “active/open” or “closed/settled”; and

ffff) Briefly describe the type and nature of the services performed.

69) For each type of experience reported above, proposers shall provide:[TJ305]

nnnnn) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

ooooo) Client size;

ppppp) Number of transactions per year;

qqqqq) Type of work performed (e.g. enrollment broker, facilities manager);

rrrrr) Complexity and scope of the operations;

sssss) Percentage of service performed by subcontractors and/or independent consultants;

ttttt) Whether the experience is that of the proposer, or a subsidiary of another business entity;

uuuuu) Reason for contract termination, if the contract is no longer in effect;

vvvvv) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

70) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

sssss. Work Plan

40) Overview

nn) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

oo) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

pp) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

41) Rejection of tasks, activities or functions

aa) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

bb) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

42) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

aaaaaaa) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

bbbbbbb) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

ccccccc) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

ddddddd) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

eeeeeee) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

fffffff) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

ggggggg) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

hhhhhhh) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xl. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xli. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xlii. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

iiiiiii) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

jjjjjjj) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

kkkkkkk) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

lllllll) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

ttttt. Management Plan

66) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

67) Describe the fiscal accounting processes and budgetary controls[TJ306] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

aaa) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

bbb) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

ccc) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

ddd) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

68) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

69) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

70) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

uuuuu. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

54) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

nnnn) Position titles for all proposed employees (persons on the proposing firm’s payroll).

oooo) Number of personnel in each position.

pppp) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

qqqq) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

rrrr) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

ssss) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xxvii. Briefly, describe each person’s expertise, capabilities, and credentials.

xxviii. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

tttt) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

55) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

n) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

56) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

57) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

n) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xxvii. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xxviii. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

vvvvv. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

14) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

aa) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

bb) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

27) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

28) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

YYYYYYYYY. Official Means of Communication

29. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

30. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

ZZZZZZZZZ. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

AAAAAAAAAA. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

57. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

qq. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

rr. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

ss. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

58. For United States Postal Service Delivery

cc. All documents mailed to DHCS must adhere to the directions provided in this RFP.

dd. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

59. Email Delivery

cc. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

dd. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

60. Email Delivery

qq. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

rr. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

ss. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

BBBBBBBBBB. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

43. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

44. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

45. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

CCCCCCCCCC. Time Schedule[A307]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

DDDDDDDDDD. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

EEEEEEEEEE. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

57. What to include in an inquiry

eee. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

fff. A description of the subject or issue in question or discrepancy found, and the remedy sought.

ggg. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

hhh. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

58. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

cc. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

dd. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

cc. DVBE participation requirements and how to complete the DVBE attachments.

dd. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

59. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

60. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

FFFFFFFFFF. Data Library

71. Data Library

o. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

72. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

73. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ308] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

xv. Appendix 1.2 – Request for Data Library Material

o) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

74. Updates to the Data Library Material

qq. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

rr. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

ss. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

75. Disclaimer

eee. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

fff. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

ggg. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

hhh. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

GGGGGGGGGG. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

29. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

30. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

HHHHHHHHHH. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

IIIIIIIIII. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

JJJJJJJJJJ. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

29. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

30. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

KKKKKKKKKK. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

LLLLLLLLLL. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

239. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

uuuu. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

vvvv. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

wwww. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

xxxx. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

yyyy. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

zzzz. [Example -- Systems Requirements]

aaaaa. [Example – Licensing Requirements]

240. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

241. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

242. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

243. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

sss. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

ttt. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

15) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

sss) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

ttt) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

uuu) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

vvv) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

www) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

uuu. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

57) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

58) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

59) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

60) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ309] [TJ310]

vvv. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

www. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

244. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

245. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

246. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

247. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

248. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

29) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

30) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

249. Attestations

Proposers must provide the following:

qq. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

rr. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

ss. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

250. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

eee. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

fff. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

ggg. Certificate of Independent Price Determination

15) The prospective proposer certifies that:

o) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

dd) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

ee) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

hhh. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

57) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

58) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

59) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

60) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

251. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

252. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

253. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

cc. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

dd. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

eee. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

fff. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

ggg. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

hhh. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

254. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

qq. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

o) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

rr. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

ss. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

255. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

MMMMMMMMMM. General Proposal Submission Instructions

43. Proposers Must Adhere to All of the Following Instructions

aaaaaaaa. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

bbbbbbbb. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

cccccccc. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

dddddddd. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

eeeeeeee. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ311] [TJ312]

ffffffff.

gggggggg. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

hhhhhhhh. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

iiiiiiii. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

jjjjjjjj. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

kkkkkkkk. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

llllllll.

mmmmmmmm. Proposals may not be transmitted electronically by fax.

44. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

qq. DHCS is not accepting printed copies of proposals.

rr. All emailed proposals will be dated and time stamped upon receipt at DHCS.

ss. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

cc. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

dd. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

45. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

NNNNNNNNNN. Narrative Proposal Submission, Format and Content Requirements[TJ313] [TJ314]

57. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

o. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ315]

o. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

58. Submission Requirements

o. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

sss. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

ttt. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

uuu. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

vvv. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

www. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

dd. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ316]

ee. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

59. Format Requirements

qq. Format each page using one-inch (1”) margins at the top, bottom and both sides.

rr. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

ss. Print pages double-sided on white bond paper.

60. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

wwwww. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ317]

29) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

30) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

xxxxx. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ318]

29) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

30) The letter shall include:

wwwww) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ319]

xxxxx) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

yyyyy) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

zzzzz) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

aaaaaa) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

bbbbbb) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

cccccc) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xxix. The names and addresses of all affiliates of the Proposer.

xxx. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

dddddd) A statement that the Proposal is complete as submitted.

eeeeee) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

yyyyy. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

zzzzz. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

71) An understanding of DHCS’ needs and the importance of Program’s needs.

72) The tangible results that are expected to be achieved.

73) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

74) How performance of the SOW [program determines this][TJ320] will be effectively integrated into the proposing firm’s current obligations and existing workload.

75) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

aaaaaa. Proposing Firm’s Capability[A321] [TJ322]

71) Include a brief history of the proposing firm, including:

cc) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

dd) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

72) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A323] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

lvii. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

lviii. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

lix. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

lx. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

73) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

gggg) Name of agency or firm for whom services were performed;

hhhh) Identification of a contact person;

iiii) Duration or length of the project;

jjjj) Total cost or value of the project;

kkkk) Indicate if the account or project is “active/open” or “closed/settled”; and

llll) Briefly describe the type and nature of the services performed.

74) For each type of experience reported above, proposers shall provide:[TJ324]

wwwww) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

xxxxx) Client size;

yyyyy) Number of transactions per year;

zzzzz) Type of work performed (e.g. enrollment broker, facilities manager);

aaaaaa) Complexity and scope of the operations;

bbbbbb) Percentage of service performed by subcontractors and/or independent consultants;

cccccc) Whether the experience is that of the proposer, or a subsidiary of another business entity;

dddddd) Reason for contract termination, if the contract is no longer in effect;

eeeeee) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

75) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

bbbbbb. Work Plan

43) Overview

qq) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

rr) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

ss) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

44) Rejection of tasks, activities or functions

cc) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

dd) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

45) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

mmmmmmm) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

nnnnnnn) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

ooooooo) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

ppppppp) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

qqqqqqq) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

rrrrrrr) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

sssssss) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

ttttttt) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xliii. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xliv. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xlv.Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

uuuuuuu) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

vvvvvvv) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

wwwwwww) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

xxxxxxx) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

cccccc. Management Plan

71) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

72) Describe the fiscal accounting processes and budgetary controls[TJ325] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

eee) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

fff) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

ggg) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

hhh) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

73) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

74) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

75) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

dddddd. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

58) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

uuuu) Position titles for all proposed employees (persons on the proposing firm’s payroll).

vvvv) Number of personnel in each position.

wwww) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

xxxx) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

yyyy) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

zzzz) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xxix. Briefly, describe each person’s expertise, capabilities, and credentials.

xxx. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

aaaaa) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

59) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

o) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

60) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

61) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

o) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xxix. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xxx. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

eeeeee. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

15) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

cc) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

dd) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

29) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

30) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

OOOOOOOOOO. Official Means of Communication

31. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

32. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

PPPPPPPPPP. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

QQQQQQQQQQ. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

61. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

tt. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

uu. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

vv. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

62. For United States Postal Service Delivery

ee. All documents mailed to DHCS must adhere to the directions provided in this RFP.

ff. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

63. Email Delivery

ee. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

ff. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

64. Email Delivery

tt. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

uu. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

vv. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

RRRRRRRRRR. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

46. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

47. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

48. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

SSSSSSSSSS. Time Schedule[A326]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

TTTTTTTTTT. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

UUUUUUUUUU. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

61. What to include in an inquiry

iii. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

jjj. A description of the subject or issue in question or discrepancy found, and the remedy sought.

kkk. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

lll. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

62. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

ee. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

ff. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

ee. DVBE participation requirements and how to complete the DVBE attachments.

ff. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

63. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

64. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

VVVVVVVVVV. Data Library

76. Data Library

p. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

77. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

78. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ327] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

xvi.Appendix 1.2 – Request for Data Library Material

p) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

79. Updates to the Data Library Material

tt. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

uu. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

vv. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

80. Disclaimer

iii. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

jjj. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

kkk. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

lll. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

WWWWWWWWWW. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

31. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

32. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

XXXXXXXXXX. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

YYYYYYYYYY. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

ZZZZZZZZZZ. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

31. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

32. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

AAAAAAAAAAA. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

BBBBBBBBBBB. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

256. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

bbbbb. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

ccccc. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

ddddd. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

eeeee. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

fffff. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

ggggg. [Example -- Systems Requirements]

hhhhh. [Example – Licensing Requirements]

257. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

258. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

259. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

260. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

xxx. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

yyy. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

16) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

xxx) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

yyy) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

zzz) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

aaaa) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

bbbb) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

zzz. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

61) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

62) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

63) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

64) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ328] [TJ329]

aaaa. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

bbbb. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

261. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

262. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

263. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

264. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

265. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

31) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

32) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

266. Attestations

Proposers must provide the following:

tt. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

uu. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

vv. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

267. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

iii. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

jjj. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

kkk. Certificate of Independent Price Determination

16) The prospective proposer certifies that:

p) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

ff) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

gg) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

lll. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

61) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

62) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

63) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

64) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

268. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

269. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

270. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

ee. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

ff. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

iii. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

jjj. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

kkk. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

lll. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

271. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

tt. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

p) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

uu. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

vv. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

272. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

CCCCCCCCCCC. General Proposal Submission Instructions

46. Proposers Must Adhere to All of the Following Instructions

nnnnnnnn. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

oooooooo. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

pppppppp. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

qqqqqqqq. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

rrrrrrrr. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ330] [TJ331]

ssssssss.

tttttttt. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

uuuuuuuu. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

vvvvvvvv. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

wwwwwwww. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

xxxxxxxx. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

yyyyyyyy.

zzzzzzzz. Proposals may not be transmitted electronically by fax.

47. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

tt. DHCS is not accepting printed copies of proposals.

uu. All emailed proposals will be dated and time stamped upon receipt at DHCS.

vv. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

ee. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

ff. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

48. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

DDDDDDDDDDD. Narrative Proposal Submission, Format and Content Requirements[TJ332] [TJ333]

61. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

p. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ334]

p. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

62. Submission Requirements

p. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

xxx. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

yyy. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

zzz. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

aaaa. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

bbbb. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

ff. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ335]

gg. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

63. Format Requirements

tt. Format each page using one-inch (1”) margins at the top, bottom and both sides.

uu. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

vv. Print pages double-sided on white bond paper.

64. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

ffffff. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ336]

31) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

32) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

gggggg. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ337]

31) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

32) The letter shall include:

ffffff) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ338]

gggggg) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

hhhhhh) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

iiiiii) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

jjjjjj) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

kkkkkk) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

llllll) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xxxi. The names and addresses of all affiliates of the Proposer.

xxxii. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

mmmmmm) A statement that the Proposal is complete as submitted.

nnnnnn) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

hhhhhh. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

iiiiii. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

76) An understanding of DHCS’ needs and the importance of Program’s needs.

77) The tangible results that are expected to be achieved.

78) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

79) How performance of the SOW [program determines this][TJ339] will be effectively integrated into the proposing firm’s current obligations and existing workload.

80) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

jjjjjj. Proposing Firm’s Capability[A340] [TJ341]

76) Include a brief history of the proposing firm, including:

ee) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

ff) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

77) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A342] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

lxi. Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

lxii. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

lxiii. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

lxiv. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

78) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

mmmm) Name of agency or firm for whom services were performed;

nnnn) Identification of a contact person;

oooo) Duration or length of the project;

pppp) Total cost or value of the project;

qqqq) Indicate if the account or project is “active/open” or “closed/settled”; and

rrrr) Briefly describe the type and nature of the services performed.

79) For each type of experience reported above, proposers shall provide:[TJ343]

ffffff) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

gggggg) Client size;

hhhhhh) Number of transactions per year;

iiiiii) Type of work performed (e.g. enrollment broker, facilities manager);

jjjjjj) Complexity and scope of the operations;

kkkkkk) Percentage of service performed by subcontractors and/or independent consultants;

llllll) Whether the experience is that of the proposer, or a subsidiary of another business entity;

mmmmmm) Reason for contract termination, if the contract is no longer in effect;

nnnnnn) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

80) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

kkkkkk. Work Plan

46) Overview

tt) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

uu) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

vv) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

47) Rejection of tasks, activities or functions

ee) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

ff) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

48) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

yyyyyyy) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

zzzzzzz) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

aaaaaaaa) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

bbbbbbbb) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

cccccccc) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

dddddddd) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

eeeeeeee) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

ffffffff) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xlvi. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

xlvii. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

xlviii. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

gggggggg) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

hhhhhhhh) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

iiiiiiii) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

jjjjjjjj) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

llllll. Management Plan

76) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

77) Describe the fiscal accounting processes and budgetary controls[TJ344] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

iii) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

jjj) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

kkk) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

lll) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

78) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

79) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

80) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

mmmmmm. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

62) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

bbbbb) Position titles for all proposed employees (persons on the proposing firm’s payroll).

ccccc) Number of personnel in each position.

ddddd) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

eeeee) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

fffff) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

ggggg) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xxxi. Briefly, describe each person’s expertise, capabilities, and credentials.

xxxii. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

hhhhh) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

63) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

p) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

64) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

65) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

p) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xxxi. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xxxii. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

nnnnnn. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

16) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

ee) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

ff) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

31) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

32) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

EEEEEEEEEEE. Official Means of Communication

33. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

34. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

FFFFFFFFFFF. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

GGGGGGGGGGG. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

65. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

ww. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

xx. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

yy. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

66. For United States Postal Service Delivery

gg. All documents mailed to DHCS must adhere to the directions provided in this RFP.

hh. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

67. Email Delivery

gg. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

hh. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

68. Email Delivery

ww. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

xx. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

yy. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

HHHHHHHHHHH. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

49. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

50. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

51. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

IIIIIIIIIII. Time Schedule[A345]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

JJJJJJJJJJJ. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

KKKKKKKKKKK. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

65. What to include in an inquiry

mmm. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

nnn. A description of the subject or issue in question or discrepancy found, and the remedy sought.

ooo. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

ppp. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

66. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

gg. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

hh. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

gg. DVBE participation requirements and how to complete the DVBE attachments.

hh. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

67. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

68. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

LLLLLLLLLLL. Data Library

81. Data Library

q. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

82. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

83. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ346] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

xvii. Appendix 1.2 – Request for Data Library Material

q) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

84. Updates to the Data Library Material

ww. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

xx. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

yy. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

85. Disclaimer

mmm. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

nnn. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

ooo. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

ppp. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

MMMMMMMMMMM. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

33. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

34. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

NNNNNNNNNNN. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

OOOOOOOOOOO. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

PPPPPPPPPPP. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

33. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

34. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

QQQQQQQQQQQ. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

RRRRRRRRRRR. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

273. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

iiiii. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

jjjjj. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

kkkkk. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

lllll. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

mmmmm. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

nnnnn. [Example -- Systems Requirements]

ooooo. [Example – Licensing Requirements]

274. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

275. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

276. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

277. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

cccc. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

dddd. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

17) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

cccc) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

dddd) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

eeee) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

ffff) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

gggg) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

eeee. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

65) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

66) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

67) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

68) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ347] [TJ348]

ffff. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

gggg. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

278. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

279. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

280. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

281. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

282. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

33) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

34) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

283. Attestations

Proposers must provide the following:

ww. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

xx. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

yy. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

284. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

mmm. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

nnn. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

ooo. Certificate of Independent Price Determination

17) The prospective proposer certifies that:

q) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

hh) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

ii) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

ppp. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

65) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

66) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

67) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

68) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

285. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

286. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

287. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

gg. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

hh. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

mmm. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

nnn. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

ooo. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

ppp. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

288. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

ww. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

q) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

xx. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

yy. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

289. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

SSSSSSSSSSS. General Proposal Submission Instructions

49. Proposers Must Adhere to All of the Following Instructions

aaaaaaaaa. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

bbbbbbbbb. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

ccccccccc. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

ddddddddd. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

eeeeeeeee. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ349] [TJ350]

fffffffff.

ggggggggg. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addenda.

hhhhhhhhh. Before submitting a proposal, seek timely written clarification of all requirements or instructions that are believed to be vague, unclear or that are not fully understood. The proposer assumes the risk that its proposal may be rejected for failure to follow a rule or requirement which DHCS interprets differently than the proposer did in preparing its proposal.

iiiiiiiii. Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

jjjjjjjjj. Do not mark any portion of the Proposal response, any RFP attachment or other item of required documentation as “Confidential” or “Proprietary.” DHCS will disregard any language purporting to render all or portions of a Proposal confidential or proprietary.

[Include the following language if also accepting hard copy versions.]

kkkkkkkkk. The copy of the proposal submitted on USB flash drive or thumb drive will be considered the Original Proposal. The Original Proposal takes precedence over all hard copies. The hard copies of the Original shall be exact replicas of the Original Narrative Proposal and Cost Proposal.

a. Proposal copies or sets and accompanying CD-ROM/DVD-ROM must match the pProposal marked Original. The Original Proposals take precedence over all hard copies and accompanying CD-ROM/DVD-ROMs. [Include the following language if accepting hard copy versions.] The hard copies of the Original and the CD-ROM/DVD-ROM copies shall be exact replicas of the original Narrative Proposal and Cost Proposal.

a.

a. Signatures on the printed copies may be printed reproductions of the electronic signatures in the submitted Original Proposal.may be scanned on the accompanying CD-ROM/DVD-ROM copies.

lllllllll.

mmmmmmmmm. Proposals may not be transmitted electronically by fax.

50. Proof of Timely Receipt

[If accepting only electronic versions, use the following language for 2. Proof of Timely Receipt.]

ww. DHCS is not accepting printed copies of proposals.

xx. All emailed proposals will be dated and time stamped upon receipt at DHCS.

yy. It is the responsibility of the proposer to ensure DHCS receives electronic delivery of proposals in full no later than 4:00 p.m. PT on the proposal submission date. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

[If accepting hard copy versions of Proposals and documents, use the following language instead for 2. Proof of Timely Receipt]

gg. Proposals that are hand delivered will be issued a date and time-stamped receipt at the time the proposal is delivered.

hh. It is the responsibility of the proposer to ensure DHCS receives the proposal package at the stated delivery address per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents no later than 4:00 p.m. PT on the proposal submission date. A USPS postmark will not serve as proof of timely delivery. Late receipt of a proposal package may cause DHCS to deem a proposer non-responsive/non-responsible.

51. Proposer Costs

Proposers are responsible for all costs of developing and submitting a proposal package. Such costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

TTTTTTTTTTT. Narrative Proposal Submission, Format and Content Requirements[TJ351] [TJ352]

65. General Instructions

A. [Include the following language for 1. General Instructions if accepting hard copy versions.]

Narrative Proposals shall be straightforward, detailed and precise. DHCS will determine the responsiveness of Narrative Proposals by their quality, not by their volume, packaging or colorful displays.

q. The Narrative Proposal package is to be submitted separately from the Cost Proposal package.

[Include the following language for 1. General Instructions if only accepting  accepting only electronic versions.]

a. Both the Narrative Proposal and the Cost Proposal are to be submitted via one (1) email. The Narrative Proposal package is to be saved in an electronic file folder, clearly identified as the Narrative Proposal package, separate from the Cost Proposal package electronic file folder, clearly identified as the Cost Proposal package, within the same email.  [TJ353]

q. The Narrative Proposal and the Cost Proposal are to be submitted in separate emails, and clearly identified in both the subject line and names of the attached files or file folders.

66. Submission Requirements

q. Submit the Narrative Proposal package to DHCS, as instructed per RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

[Include the following language in 2. Submission Requirements if accepting hard copy versions.]

cccc. With the exception of the Proposer’s financial statements, tThe Narrative Proposal package shall include one (1) original original printed version, two (2) printed copies and one (1) CD-ROM/DVD-ROM copyelectronic copy submitted on USB flash or thumb drive, and one (1) printed hard copy. The printed copies copy and the CD-ROM/DVD-ROM shall be an exact duplicates of the original printed electronic version. Proposers shall submit one (1) original electronic version in a clearly labeled file or folder, and one (1) printed copy of their financial statements.

1) Include the words “Original Narrative Proposal” in the footer of all pages in the electronic copy, and on the front cover page. All documents must be in any DHCS standard format (i.e. Word, Excel, or Adobe).

2) Include the words “Narrative Proposal Copy” in the footer of all pages of the printed copy, and on the front cover page.

dddd. Label the USB flash or thumb drive “Original Narrative Proposal, RFP [#XX-XXXXX] [Project Name] Procurement” and place it in a protective sleeve that bears the RFP name and title. Place it in the container that contains the first binder of the printed Narrative Proposal hard copy.

eeee. Write the words “Original Narrative Proposal Hard Copy” on the spine of the binder containing the original Narrative Proposal versionhard copy, as well as on the front binder cover and front cover page of the original version.

1) Label the printed copies as Copy #1 of 1.

2) Label each binder as Binder #1 of X, Binder #2 of X, etc.

ffff. Place the Narrative Proposal package in a box(es) or other container(s). If more than one (1) container is submitted, carefully address each container as instructed below, and label the outside of each as Box 1 of [XX], Box 2 of [XX], etc.

gggg. The Narrative Proposal package must be distinctly identified as follows on the exterior of the box(es):

NARRATIVE PROPOSAL FOR RFP [#XX-XXXXX]

[Project Name] Procurement       

Box 1 of [XX], Box 2 of [XX], etc.

[Include the following language if only accepting electronic versions.]

hh. The Narrative Proposal package shall include two (2) electronic file folderss: [If financial statements are required, state 2 files; if financial statements are not required, state 1 file and delete the second file language here] one (1) shall include one (1) original electronic version of the Narrative Proposal, clearly identified as the Narrative Proposal; [If financial statements are required, include this language] the second shall include one (1) original electronic version of financial statements, clearly identified as the financial statement.[TJ354]

ii. The Narrative Proposal package must be distinctly identified as follows in the subject line of the email: Narrative Proposal Package for RFP [#XX-XXXXX] [Project Name] Procurement.

67. Format Requirements

ww. Format each page using one-inch (1”) margins at the top, bottom and both sides.

xx. Use Arial font, at a font size of not less than twelve (12) points, for Narrative Proposals. Proposers, at their discretion, may use a smaller, still readable, font size and type for charts, graphics, headers and footers, exhibits, and tables, with the stipulation that these be legible and professional.

[If accepting hard copy versions, use the following language.]

yy. Print pages double-sided on white bond paper.

68. Content Requirements

The Narrative Proposal must include the [spell out numeral] [XX] sections [Program provides the number of sections that they write below] listed below, including the specified subsections, in the prescribed order. Include the required content for each section and subsection of the Narrative Proposal as follows:

oooooo. Narrative Proposal Cover Page

[Include the following language if accepting hard copy versions.]

A person authorized to bind the Proposer must sign, in an ink color other than black, according to Section [N.1.b], the Narrative Proposal Cover Page, RFP Attachment 1.

[Include the following language if only accepting electronic versions.] [TJ355]

33) A person authorized to bind the pProposer must sign per the instructions provided in RFP Main, General Submission Instructions, the Narrative Proposal Cover Page, RFP Attachment 1[XX], per the instructions provided in RFP Main, General Submission Instructions..

34) If the pProposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign the Narrative Proposal Cover Page. Include the Narrative Proposal Cover Page as the first page of the Narrative Proposal.

pppppp. Narrative Proposal Transmittal Letter

[Include the following language if only accepting electronic versions.] [TJ356]

33) The Narrative Proposal Transmittal Letter shall be the second page of the Narrative Proposal, shall be on the official business letterhead of the proposer, and shall be signed per the instructions provided in RFP Main, General Submission Instructions by an individual authorized to legally bind the proposer.

34) The letter shall include:

oooooo) Identification of all materials and enclosures being submitted as a response to the RFP.[TJ357]

pppppp) The name, title, mailing address, email address, and telephone and fax numbers of a liaison person(s) whom DHCS may contact during the evaluation period.

qqqqqq) A statement indicating the legal form of the Proposer, e.g., partnership, limited liability corporation, etc.

rrrrrr) A statement indicating how the Proposer meets the prior experience and demonstrated ability requirements identified in RFP Main, Qualification Requirements, Experience Requirements. If these requirements are to be met using a Subcontractor (including a consultant), a Subcontractor / Consultant Letter of Agreement from each Subcontractor and consultant must be appended to the transmittal letter (see RFP Main, Narrative Proposal Submission, Format and Content Requirements, 4.d.)

ssssss) A statement by the Proposer that Subcontractor relationships submitted in the Proposal shall not be changed during the procurement process or during the life of the Contract without prior written permission from DHCS.

tttttt) A statement that neither cost nor pricing information is included in this letter or the Narrative Proposal.

uuuuuu) A statement indicating that the Proposer has no affiliates (see the definition of affiliates in Exhibit A, Attachment V, Definitions), or, if the Proposer has affiliates, provide a statement containing the following information:

xxxiii. The names and addresses of all affiliates of the Proposer.

xxxiv. The names and addresses of all persons and concerns exercising control or ownership of the Proposer, or over one or more of its affiliates, and the nature of the control exerted by those persons and/or concerns (as well as common officers, directors, stockholders with a controlling interest, or in some other controlling capacity).

vvvvvv) A statement that the Proposal is complete as submitted.

wwwwww) A statement acknowledging that all costs associated with the development and submission of a Proposal in response to this RFP are entirely the responsibility of the Proposer and will not be chargeable to the State of California or included in any cost elements of the Proposal.

qqqqqq. Table of Contents

Properly identify each section and the contents therein. Paginate all items in each section with the exception of those items placed in the Attachments Section and Appendix Section.

rrrrrr. Executive Summary Section

This section must not exceed [spell out numeral] [XX] [program determines number] pages in length. Evaluators may not review or evaluate excess pages.

In preparing the Executive Summary, do not simply restate or paraphrase information in this RFP. Describe or demonstrate, in the Proposer’s own words, the following information:

81) An understanding of DHCS’ needs and the importance of Program’s needs.

82) The tangible results that are expected to be achieved.

83) A sincere commitment to perform the Exhibit A, Scope of Work in an efficient, accurate, and timely manner.

84) How performance of the SOW [program determines this][TJ358] will be effectively integrated into the proposing firm’s current obligations and existing workload.

85) Why the proposing firm should be chosen to undertake the Program’sthis work at this time.

ssssss. Proposing Firm’s Capability[A359] [TJ360]

81) Include a brief history of the proposing firm, including:

gg) Date of establishment. If applicable, explain any changes in business history (i.e., name change, ownership, partnership arrangements, etc.) or organizational structure that will assist DHCS in determining the qualifications of the proposing firm.

hh) A description of the proposing firm’s goals that are relevant, closely related, or which complement this project.

82) Describe experience that qualifies the proposing firm to undertake this project.

a) At a minimum, demonstrate the proposing firm possesses [spell out numeral] [XX] [Must match previous language in Qualifications above] consecutive years of experience of the types listed in this section. All experience must have occurred within the past [spell out numeral] [XX] years [Must match previous language in Qualifications above] from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period[A361] . Proposers must have experience:

[Insert, at a minimum, the same experience types identified in the Qualification Requirements section.  The list in this section can be more comprehensive or more specific than the brief list appearing in the Qualification Requirements section.

lxv.Example: Providing services to mentors (such as …) and health care providers that service low-income populations and families with diverse ethnic backgrounds to change social behaviors associated with …..

lxvi. Example: Providing statewide education seminars to the health care professionals on available State and local nutrition improvement programs.

lxvii. Example: Performing social marketing activities aimed at achieving lifestyle changes for large population segments (i.e., youth under 18 years of age).

lxviii. Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.

When preparing this section, do not list:

· Experience that only one or a few firms possess (i.e., experience having worked with a specific departmental program or on a specific project),

· A unique combination of experience types that might limit competition to certain firms,

· So many unique types of experience that it will appear that only one or a few firms could meet the requirements or that will give the appearance that the requirements were tailored for a specific firm.]

83) Briefly, describe the accounts or work projects begun and/or completed in the past [spell out numeral] [XX] years [program determines number] prior to the proposal submission date that involved services similar in nature, or closely related, to the SOW in this RFP. For each account or project listed, include the following information:

ssss) Name of agency or firm for whom services were performed;

tttt) Identification of a contact person;

uuuu) Duration or length of the project;

vvvv) Total cost or value of the project;

wwww) Indicate if the account or project is “active/open” or “closed/settled”; and

xxxx) Briefly describe the type and nature of the services performed.

84) For each type of experience reported above, proposers shall provide:[TJ362]

oooooo) Type of contract under which the previous work was performed (e.g., fixed price, fixed rate, cost-reimbursement);

pppppp) Client size;

qqqqqq) Number of transactions per year;

rrrrrr) Type of work performed (e.g. enrollment broker, facilities manager);

ssssss) Complexity and scope of the operations;

tttttt) Percentage of service performed by subcontractors and/or independent consultants;

uuuuuu) Whether the experience is that of the proposer, or a subsidiary of another business entity;

vvvvvv) Reason for contract termination, if the contract is no longer in effect;

wwwwww) [Other experience Program would like detailed in the proposals]

a) Performance problems (e.g., personnel, financial resources, etc.) encountered during the period of contract, including any that resulted in delays or nonpayment to the Contractor. Specific attention should be given to any problems encountered in [Program inserts issues they’re concerned about here].

85) Identify three (3) client references that the proposing firm has serviced in the past five (5) years prior to the Proposal submission date that can confirm their satisfaction with the services and confirm if the proposing firm provided timely and effective services or deliverables. Use RFP Attachment [XX], the Client References form for this purpose. Place the completed Client References form in the Forms Section of the proposal.

tttttt. Work Plan

49) Overview

ww) DHCS is interested in Proposals that provide well-organized, comprehensive, and technically sound business solutions. Vague explanations will undermine the proposing firm’s credibility and will result in reduced proposal scores.

xx) The Work Plan must include an in-depth discussion and description of the methods, approaches, and step-by-step actions that will be carried out to fulfill all SOW requirements.

yy) If the nature of a task or function hinders specific delineation of in-depth methods and procedures (e.g., a task is dependent upon a future action or multiple approaches may be used), explain the probable methods, approaches, or procedures that will be used to accomplish the task or function. Also, describe, in this instance, how the proposing firm will propose the ultimate strategies and detailed plans to DHCS for full consideration and approval before proceeding to carry out the project.

50) Rejection of tasks, activities or functions

gg) The proposer may not reject any task, activity or function required by this proposal. Any language discovered during the evaluation by DHCS that states a task, activity or function is rejected may be grounds to deem a proposer non-responsive, at DHCS’ sole discretion.  Upon execution of the contract the proposer may not assert that any part, section or language of their proposal rejected a task, activity or function.

hh) If the Work Plan contains proposed methods or approaches, functions, tasks, or activities known by DHCS to be ineffective or determined to be unacceptable, DHCS reserves the right to require the substitution of comparable items that can be performed at the same or similar cost.

51) Work Plan Content

[Program writes this subsection. The following requirements are generic. Modify these instructions to collect additional or alternate information that will better meet program needs. Samples from other projects can be provided.

For each item added to this section, add a corresponding rating factor to the Work Plan evaluation section. Likewise, for each item deleted, review the Work Plan evaluation section and remove the rating factors that correspond to the items removed. If items are deleted from this section, delete the corresponding items from the Work Plan attachment.]

kkkkkkkk) Briefly, explain or describe the overall approach and/or methods that will be used to accomplish the SOW.

llllllll) Explain why the particular approaches and methods that are proposed were chosen (e.g., proven success or past effectiveness, etc.).

mmmmmmmm) If applicable, explain what is unique, creative, or innovative about the proposed approaches and/or methods.

nnnnnnnn) If any major complications or delays are envisioned at any stage of performance, describe those complications or delays and include a proposed strategy for overcoming those issues. Likewise, indicate if no major complications or delays are anticipated.

oooooooo) If, for any reason, the Work Plan does not wholly address each SOW requirement, fully explain each omission. Likewise, indicate if the Work Plan contains no omissions.

pppppppp) Indicate the assumptions made in developing the Work Plan in response to DHCS’ SOW. For each assumption listed, explain the reasoning or rationale that led to each assumption. Likewise, indicate if no assumptions were made.

qqqqqqqq) If applicable, identify any additional Contractor and/or State responsibilities that were included in the Work Plan that are believed to be necessary to ensure successful performance, but were omitted from DHCS’ SOW. Likewise, indicate if no additional Contractor and/or State responsibilities, outside of those identified in DHCS’ SOW were included in the Work Plan.

rrrrrrrr) Identify the specific tasks/activities and functions that will be performed in the order they are likely to occur. Include the following in-depth information for each task/activity or function in the work plan:

xlix. Indicate who will have primary responsibility for performing each major task/activity or function. If known, identify the name and position title of all key personnel, subcontractors, and/or consultants that will perform the work.

If the responsible party is unknown or not yet identified, identify a staff position title or project name/title and indicate “TBD” which is the abbreviation for “to be determined”.

l. Include a performance time line for each major task/activity or function. Indicate the approximate beginning and ending month and year. If a task/activity or function will only occur in one fiscal period or year, indicate the beginning and ending month and year.

If desirable, in addition to start and end dates, proposers may use other terms such as start-up, on-going, continuous, take-over, turn-over, etc. to describe the performance time line. In doing so, proposers must define the meaning of each unique term that is used.

li. Explain/describe how the proposer intends to measure or prove successful completion of each major task, function, or activity.

If applicable, identify the key events or outcomes that will signify completion or identify tangible items (deliverables) that will result at the conclusion of the various tasks/activities or functions.

[Include this language if the new contractor is required to assume operations from the current contractor and a period of time is needed and a number of activities must take place in order to accomplish this]

ssssssss) Take-Over Plan

Describe an initial overall plan and/or approach for coordinating the take-over of existing activities from the current contractor. Address any foreseeable transition complications and potential methods for dealing with or resolving transition complications to minimize the disruption of existing services. Proposers must submit a finalized take-over plan to the State for approval within thirty (30) calendar days after the contract start date.

[Include this language if the current contractor is required to provide assistance to the new contractor to assume operations and a period of time is needed and a number of activities must take place in order to accomplish this.]

tttttttt) Turnover/Phaseout Plan

Describe an overall plan and/or approach for coordinating the turnover of existing activities and documents to the DHCS or identified entity. Address any foreseeable transitions complications and potential method for dealing with or resolving transition complications to minimize the disruption of existing services. Proposer must submit a finalized turnover plan to the State for approval prior to [insert language/date Program determines they want to have turnover/phaseout begin. Example: start of the final contract year.]

OPTION - [A program-specific Work Plan attachment is supplied]

uuuuuuuu) The Work Plan must include projected performance time lines and a detailed description of the step-by-step actions, methods, and approaches used to fulfill all SOW requirements.

vvvvvvvv) Complete Work Plan, RFP Attachment [XX].

[If program supplies a Work Plan form, format the form into Attachment [XX]. Include detailed instructions for completing the attachment. While program staff may be familiar with the Work Plan attachment, Proposers may not be. Proposers may not know the exact type of information and/or level of detail to enter in each attachment field or column. Consider including a partially completed page marked “Example” or “Sample” to illustrate how the attachment is to be completed and indicate that Proposers are to submit as many pages as are necessary.]

uuuuuu. Management Plan

81) Describe how the proposing firm will effectively coordinate, manage, and monitor the efforts of the assigned staff, including subcontractors and/or consultants, if any, to ensure that all tasks, activities, and functions are completed effectively and in a timely manner.

82) Describe the fiscal accounting processes and budgetary controls[TJ363] that will be employed to ensure the responsible use and management of contract funds and accurate invoicing.  Include at a minimum, a brief description of all of the following:

mmm) How the costs incurred under this project will be appropriately accounted for and only applicable project expenses will be billed to DHCS (e.g., use of unique account/project codes, etc.).

nnn) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spread sheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract funds are managed responsibly.

ooo) Proposed billing or invoicing frequency (not more frequently than once per month).  Electronic billing is not possible.

ppp) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses that are invoiced to DHCS.

1) Describe the fiscal accounting processes and expenditures tracking that will be employed to ensure the responsible tracking of contract funds. Include at a minimum, a brief description of all of the following:

a) The proposing firm’s fiscal reporting and monitoring capabilities (e.g., spreadsheets, automated fiscal reports, quality controls, checks and balances, etc.) to ensure contract expenditures are tracked responsibly.

a) Identify the documentation that will be retained on file or submitted to DHCS upon request to prove, support, and/or substantiate the expenses invoiced to DHCS.

83) [Include if DVBE participation is mandatory or voluntary. Delete this requirement is DVBE participation AND incentive are waived entirely.] Describe how DVBE costs incurred under this project will be appropriately accounted for and reported to DHCS.

84) Include an organization chart in the Appendix section of the proposal. Instructions are explained in the Appendix section.

85) [Optional - Include the following language only if there is a need and desire to collect financial statements and if financial statements are listed as an item to include in the Appendix Section, or is a requirement in RFP Main, Qualifications Requirements. Proposers are required to certify their financial stability on the RFP Attachment 2a, Required Attachment / Certification Checklist; therefore, it is optional to actually collect financial statements. Delete this item if there is no desire to collect and review financial statements.] Include financial statements in the Appendix section of the proposal [as required in the RFP Main, Qualification Requirements, Financial Stability section].

vvvvvv. Project Personnel

1) [On rare occasions, it is necessary to recommend core staffing that program staff know is essential for successful performance. If recommending core staffing is necessary (e.g. when there is a doubt about the proposing firm’s ability to properly determine core staffing needs of a particular project), DHCS may recommend position titles, staffing numbers, fulltime equivalent percentages, and recommended duties and skill requirements. Below is an example of instructions to enter at the beginning of the Project Personnel Section if there is a need to recommend core staffing. Otherwise, delete this section.

To develop core staffing recommendations, use a typical State class specification as a guide. Do not copy any State classification specification word for word. Keep your instructions brief and generic.  Recommended staffing guidelines must not be construed to restrict competition to certain firms or require the hiring of certain personnel.

Remember:  DHCS may not tell proposers who to hire, require DHCS pre-approval of staff selections, nor require the use/retention of an existing contractor’s staff. DHCS can require prior approval of staffing changes after a contract is executed.

Based on [indicate a reason such as “limited funding” or “budgetary constraints” or “indicate another reason”], DHCS recommends proposers to consider a minimum staffing pattern consisting of the following positions.

Example:

Project Manager (1) – 100%

Nutritionists (2) – one 100% and one 50%

Education Specialist (1) – (25%)

Research analysts (2) – (both 50%)

Secretary or Clerical support (1) – (75%)

The recommended education levels, types/amounts of experience, and typical tasks and/or responsibilities that might be assigned to core staff include, but are not limited to the following:

a) Example: Quality Assurance Nursing Care Specialist

i. Education: Bachelor of Science degree and Master’s degree in nursing, nurse administration, economics, business administration, or other related clinical or analytical field.

ii. Experience: Minimum of five years of professional health care quality assurance experience in or for a State Medicaid program, Medicare program or a statewide private health insurer or statewide Health Maintenance Organization.

iii. Typical duties might include:

A. Conduct weekly reviews of [Identify what is to be reviewed];

B. Conduct random sample studies of [Identify what is to be studied];

C. Compile narrative monthly reports documenting findings;

D. Recommend ways to improve the quality of [Identify what];

E. Trouble shoot to resolve problems surrounding issues such as [Identify problem areas], etc.

66) In this section, describe the proposed staffing plan. In the staffing plan, include at a minimum:

iiiii) Position titles for all proposed employees (persons on the proposing firm’s payroll).

jjjjj) Number of personnel in each position.

kkkkk) By position, indicate the full time equivalent (FTE) or percentage of staff time devoted to this project (e.g., full time = 1.0, 1/2 time = .50, 3/4 time = .75, 1/4 time = .25, projected number of hours, if hourly, etc.).

lllll) Monthly salary rate or wage range for each position title. It is the Proposer’s responsibility to project annual merit increases and/or cost of living increases into each wage rate.

i. Explain and justify, in the Cost Section, any salary rate or range that exceeds a comparable State salary range [Delete this paragraph if there are no comparable civil service positions and there is no Appendix item included that lists comparable civil service classifications and salary ranges.].

[Note: Salary rates paid to Contract staff should not normally exceed the rates paid to State personnel holding comparable classifications or performing duties with a comparable level of responsibility. DHCS reserves the right to require substantiation of any proposed cost of living percentage/rate increase that exceeds those anticipated to be granted to California State civil service employees during the resulting Contract term. DHCS further reserves the right to negotiate a lower cost of living percentage increase/amount or deny a cost of living percentage/rate increase if DHCS determines the proposed adjustment is less than fully justified or is excessive.]

ii. See Appendix [XX] [Insert the number of the appendix item that lists comparable State classification titles and salary ranges] for a list of comparable State classification titles and monthly salary ranges. [Delete this paragraph if the program did not include an Appendix item listing the comparable civil service position titles.]

mmmmm) Include a job description or duty statement for each position title or classification that will perform work under this project. The job descriptions must indicate the typical tasks and responsibilities that will be assigned to the position and may include desired or required education and experience. Place all job descriptions or duty statements at the end of the Project Personnel Section of the proposal.

nnnnn) Identify by name and/or position title, each key staff person that will have primary responsibility for managing, directing, overseeing and/or coordinating the work of assigned staff, subcontractors and/or independent consultants and who will maintain effective communications with DHCS (i.e., Project or Program Manager, Project or Program Director, Contract Manager, etc.).

xxxiii. Briefly, describe each person’s expertise, capabilities, and credentials.

xxxiv. Emphasize any relevant past experience in directing, overseeing, coordinating, or managing other government projects.

ooooo) Include a one to two (1-2) page resume for each key staff person (professional, managerial or supervisory) that will exercise a major administrative, policy, or consulting role in carrying out the project work.  Place staff resumes in the Appendix Section of the proposal. To the extent possible, resumes should not include personal information such as a social security number, home address, home telephone number, personal email address, marital status, sex, birth date, age, etc.

67) Briefly describe the administrative policies or procedures will be used to ensure that the proposing firm will recruit and select well-qualified, competent, and experienced in-house staff, subcontractors and/or independent consultants.

q) If employee recruitment/selection policies or procedures are present in an operations manual, Proposers may cite excerpts from such manuals. Do not simply indicate that such policies exist and do not attach copies of any policies or manuals to the proposal. If deemed necessary, DHCS may request copies of the Proposer’s existing manuals or policies.

68) Briefly describe the processes or procedures that will be used to ensure that vacancies are filled expeditiously and that services are continued despite the presence of vacancies.

69) If subcontractors (including independent consultants) will be used to perform contract services, proposers must do the following at the time of proposal submission:

q) Indicate if the Proposer has pre-identified any firms/persons to perform the work or if the Proposer will recruit them later.

xxxiii. For each pre-identified subcontractor and independent consultant, include:

A. Full legal name.

B. A job description or duty statement that outlines the duties and functional responsibilities that will be assigned to the subcontractor or independent consultant.

C. A brief explanation as to why the subcontractor or independent consultant was chosen. Stress things such as, applicable skills, knowledge, capabilities, past experience or accomplishments, availability, reasonableness of rates, notoriety in a field or specialty, etc.

D. A one to two (1-2) page resume for each pre-identified subcontractor and independent consultant. Resumes should not include personal information such as a social security number, home address, home telephone number, marital status, sex, birth date, age, etc. Place all subcontractor and/or consultant resumes in the Appendix Section of the proposal.

E. A letter of agreement, signed by an official representative of each subcontracted firm, according to Section [O.1.f], or independent consultant, acknowledging their intended participation/availability and confirmation that they have read or been made aware of the terms and conditions of the proposed contract. Place all subcontractor and/or independent consultant letters of agreement in the Appendix Section of the proposal.

F. Specific subcontractor and/or independent consultant relationships proposed in response to this RFP (i.e., identification of pre-identified subcontractors and independent consultants) shall not be changed during the procurement process or prior to contract execution. The pre-identification of a subcontractor or independent consultant does not affect DHCS’ right to approve personnel or staffing selections or changes made after the contract award.

xxxiv. For subcontractors and/or independent consultants that cannot be identified when the proposal is submitted to DHCS, or are TBD after the contract is executed, include:

A. An identification of the functions, activities, and responsibilities that will be assigned to each subcontractor and/or independent consultant.

B. A description of the process that will be used to obtain DHCS approval of each subcontractor and/or independent consultant selection along with approval of their budgeted costs and assigned responsibilities.

wwwwww. Facilities and Resources Section

[If the winning Proposer’s staff must work in a non-State facility, use the language below.]

17) Describe the following as it relates to the Proposer’s capacity to perform the SOW:

gg) Current office facilities at the Proposer’s disposal, including number of offices owned or leased, square footage, number of staff housed and physical location and address. Include information detailing if staff will telework, how often, and what precautions will be taken to ensure security and confidentiality of PHI and PII.

i. A description of the range and/or type of support services available and number of staff.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services] to ensure adequate performance of the SOW.”]

ii. Messenger, delivery, shipping, distribution, or transport capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iii. Teleconferencing or telecommunications capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

iv. Printing/reproduction or photocopying capabilities.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

v. Computer hardware and system capabilities (i.e., number, type, size, age, capacity and speed of personal computers or work stations and servers; Local Area Network capabilities; Wide Area Network capabilities; data transfer capabilities (disk or tape); data storage capacity; video/graphics capabilities; etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vi. Software applications in use (word processing applications, spread sheet applications, data base applications, graphics development applications, Web page design applications, unique or other specialized software applications, etc.).

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

vii. Other support functions or capabilities that can be accessed and/or utilized.

hh) Identify any facilities, support services, or equipment that the proposer must purchase, rent, or lease on a long or short-term basis to perform the services described in this RFP.

[If applicable, specify the program’s specific requirements for the above categories by indicating, “At a minimum, Proposers shall have or make arrangements to acquire [insert the required support services or equipment] to ensure adequate performance of the SOW.”]

[If the winning Proposer’s staff must work in a State facility, delete the above items in the Facilities and Resources Section and insert the following language in place of Item h. sub-items 1) through 2):]

33) Contract staff will be required to work side-by-side with State personnel. DHCS will provide State office facilities at the following location: [Insert the address of the State office facility]. DHCS will provide the following support services to Contract staff working in State office facilities: office furniture; standard office supplies; telecommunications equipment (telephones, email); photocopying equipment; postage and mail handling services, including overnight mail services; and reproduction services.

[If applicable, modify the above list to reflect the different items/services that the Department will supply.]

34) From time to time, facilities, support services, equipment, or supplies over and above those provided by DHCS may be required. List additional office facilities, equipment and support services that will be available and accessible to perform the work, including, but not limited to:

a) Clerical support services

b) Shipping services

c) Conference facilities

d) Computer hardware & software

e) Photocopying services

f) Storage facilities

g) Audio/visual equipment or services

[Any contractor occupying state space must reimburse the Department for the use of State facilities and support services; therefore, program staff must indicate the reimbursement rate in the Cost Section so contractors can appropriately include these expenses in their budget detail work sheets. Contact the Budget Office if assistance is needed to determine the applicable rate.]

UUUUUUUUUUU. Official Means of Communication

35. This solicitation referenced on the cover page of this document is issued by the California Department of Health Care Services (DHCS or Department). The link to view and download the Request for Proposal (RFP) from the FI$Cal website is posted on the Contracts Division (CD) website.

36. During this solicitation process, official communication with proposers will be via notices on the CD website. Notices may include modifications, addenda, responses to inquiries, and the posting of the Notice of Intent to Award. It is the proposer’s responsibility to periodically check the CD website for notices, changes, additional documents, or amendments that pertain to this solicitation.

VVVVVVVVVVV. Sole Point of Contact and Address

The Department’s sole point of contact and proposal delivery address pertaining to this solicitation is:

Department of Health Care Services

Contracts Division

RE: DHCS RFP #[XX-XXXXX], [Project Name] Procurement

[If accepting hard copy versions, use the following P.O. Box address and street address.]

P.O. Box [XXXXX]

1501 Capitol Avenue

MS 4200

Sacramento, CA 95814

Telephone: (916) 552-8006

[Use the following email address for all correspondence no matter if accepting hard copy or electronic versions of proposals. If accepting only electronic versions of proposals, delete the P.O. Box and street address above and, instead, keep the email address below.]

Email: CDRFP[XX]@dhcs.ca.gov

WWWWWWWWWWW. General Document Submission Requirements

This section is in reference, but not limited, to the submission of the following documents relative to the RFP: Proposer Questions, [Voluntary] [If letter is not required to be submitted] [Mandatory] [If letter required to be submitted] Letter of Intent, Request for Inclusion on Distribution List, Proposals and all other RFP-related correspondence.

[If accepting hard copy or USB-only versions, use the following language.]

69. For Hand Delivery/Courier Service Delivery

All documents must be delivered to DHCS as described in this section. Please read the information in this section carefully.

zz. Proposers must make an appointment with CD at (916) 552-8006 to coordinate hand delivery/courier service delivery of documents to DHCS.

aaa. Allow sufficient time to find on-street metered parking and to contact CD staff at (916) 552-8006 upon arrival.

bbb. CD staff will accept the delivery in the 1^st floor lobby and issue a receipt to the bearer. Proposers are warned not to surrender any deliverables to any person other than CD staff.

70. For United States Postal Service Delivery

ii. All documents mailed to DHCS must adhere to the directions provided in this RFP.

jj. Please be advised DHCS internal processing of United States Postal Service (USPS) deliveries may add forty-eight (48) hours or more to the delivery time. If packages are mailed, consider using certified or registered mail and request a receipt upon delivery.

71. Email Delivery

ii. As described throughout the RFP, specifically identified attachments, forms and other correspondence may be emailed to DHCS at: CDRFPXX@dhcs.ca.gov.

jj. Be sure to indicate the subject along with “RFP #[XX-XXXXX] Procurement” as instructed in the RFP. Proposal submissions may not be emailed.

[If accepting only electronic versions via email, delete 1. & 2., above, and use the following language. Consider the potential file size of proposal submissions. If larger than 30mb, files will need to be split up between multiple emails. In these cases,  hardcopy submissions or submissions on USB may be warranted.]

72. Email Delivery

zz. All attachments, forms and other correspondence shall be emailed to DHCS at: CDRFP[XX]@dhcs.ca.gov.

aaa. Include in the subject “RFP #[XX-XXXXX] Procurement” as instructed in the RFP.

bbb. DHCS is no longer accepting printed copies of the proposals or proposal-related documents.

XXXXXXXXXXX. Purpose, Background and Description of Services

[Program provides language for 1. and 2. and 3. language below]

52. Purpose

The California Department of Health Care Services (DHCS) is soliciting proposals from firms that are able to [Insert a brief description of the type of service needed]. Proposals must address all of the services described in Exhibit A entitled, “Scope of Work” [Insert other RFP exhibits that include services, requirements and/or responsibilities for which the contractor will be held to perform].

DHCS intends to make a [single contract award] to the most responsive and responsible firm earning the highest score. This procurement is open to all eligible firms and/or individuals that meet the qualification requirements, including commercial businesses, non-profit organizations, State or public universities (including auxiliary organizations) and other entities. [If competition is limited to non-profit and/or public entities, modify the preceding sentence to indicate which entities can submit a proposal.]

53. Program Background

[If deemed necessary, insert brief facts in this section that explain:

· The program;

· If applicable, the legislative history of the program or this project;

· The program’s mission and/or goals relevant to this procurement;

· Historical facts about this service or project (e.g., new or continuing);

· Funding history or future funding expectations (e.g., source and amount);

· The importance of this project;

· Other programmatic issues of importance to assist proposers to understand the program and this project;

· Catalog of Federal Domestic Assistance (CFDA) number – if funding source is a federal grant.]

[Keep the information in this section succinct and to the point. It is not necessary to cover all of the issues identified above. Only include facts directly related to the services being procured in this RFP. Do not confuse proposers by addressing other services or procurements. Do not include more information than is actually needed to briefly introduce proposers to the program and the service needs, in a broad sense.]

54. Activity-Specific Background

[If necessary, program provides information for specific areas within their SOW that will be changed from the prior contract; new information deemed to be relevant to this project; areas within the SOW that are important to note; etc.]

YYYYYYYYYYY. Time Schedule[A364]

Below is the tentative time schedule for this procurement.

Event	Date                     Time (If applicable)
[Draft] [Final] RFP Released [Only state Final RFP in the instance when a Draft RFP was released. Stating Final RFP when no Draft RFP was released will confuse proposers, leading them to believe there was a Draft released when there was not one released.]	[For small procurements: Set this date for the 1^st day of advertising or immediately thereafter. Ads run for 10 working days.] [For large procurements: Set this date for the first day the RFP is released. Depending upon the size and/or complexity of the procurement, advertisements can run for longer than 10 working days.]
RFP Questions Due [Note: this is the preliminary question due date if a Pre-Proposal Conference is held. More questions can be presented at the conference and by the close of business on conference date.]	[XX/XX/XXXX] [XX:00] [a.m.] [p.m.] Pacific Time (PT) [For smaller sized procurements, set as 7 calendar days or more after the last day of advertising, or 7 calendar days or more after the RFP release date, whichever is later, if no Pre-Proposal Conference/Teleconference/Webinar is held; or 2 working days prior to the Pre-Proposal Conference/Teleconference/Webinar, if one is held.] [For large or complex procurements, set this date at 14 calendar days after the RFP is released. The complexity of the RFP should determine the amount of time needed by proposers to thoroughly review the RFP and formulate their questions.]
[Voluntary] or [Mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] [Choose applicable media] [Make a choice or delete this row if no conference will be held.]	[XX/XX/XXXX]   [XX:00] [a.m.] [p.m.] PT [If held, set no earlier than 2 weeks after the last day of advertising or 2 weeks after the RFP release date, whichever is later.]
[Voluntary] or [Mandatory] Non-Binding Letter of Intent	[XX/XX/XXXX] 4:00 p.m. PT [If Pre-Proposal conference/teleconference/webinar is held: Set no earlier than 2 working days after the Pre-Proposal Conference, Teleconference or Webinar date. If Pre-Proposal conference/teleconference/webinar is not held: Set at 5 working days after the questions’ due date.]
Proposal Due Date	[XX/XX/XXXX] 4:00 p.m. PT [Set as follows:] · 4 weeks or more after last day of advertising or RFP release date, whichever is later, if no Pre-Proposal Conference, Teleconference or Webinar is held and DVBE participation is waived or not required; or · 4 weeks or more after the Pre-Proposal Conference, Teleconference or Webinar date, if DVBE participation is waived or service costs are under $10,000; or · 5-6 weeks or more after the last day of advertising or RFP release date, whichever is later, if DVBE participation is required;  · 4 weeks after the last DHCS communication is released to the public which includes changes/revisions to the RFP that may affect proposal documents; or · For more complex, sensitive, costly projects, the due date can be as many weeks/months as management deems necessary.]
Notice of Intent to Award Posted	[XX/XX/XXXX] [For smaller procurements, set at 3 weeks after the proposal due date. For larger procurements, work with the CD Contract Analyst to determine length of evaluation period. Likely, this will be 2-4 months after the proposal due date.]
[Protest] [Appeal] Deadline [Choose ‘Protest’ for procurements that require DGS or CDT approval. Choose ‘Appeal’ for exempt procurements.]	[XX/XX/XXXX] 5:00 p.m. PT [Schedule for 5 working days after the Notice of Intent to Award is posted. Day 1 is the day after the Notice is posted]
Tentative Contract Award Date	[XX/XX/XXXX] [Schedule for the first day after the protest or appeal deadline]
Proposed Start Date of Contract (Contract Effective Date)	[XX/XX/XXXX] [Schedule for the first working day or more after the contract award date or use the actual contract start date (Contract Effective Date), whichever is later, assuming sufficient time has been allowed for both CD, DGS, and CMS review, (if required), and approval. CD requires no less than 10 State work days for initial draft review and final approval. If DGS approval is required, the contract must be received by DGS at least 10 State work days prior to the desired start date, per DGS Administrative Order 06-05.1. If there is a possibility of late submission to DGS, see the applicable contract model for additional text to insert below the term start/end date on the STD. 213. If CMS review and approval is required, they require 60 calendar days for review.] [For larger projects, work with program to determine the date they want the contractor to begin work, i.e., takeover or assumption of operations.]

ZZZZZZZZZZZ. Contract Term

[The maximum term allowed for non-PCC-exempt contracts is 36 months, unless a program obtains advance DGS approval for a longer term. Approval for a longer term is obtained in writing from DGS via CD. CD analysts have access to sample term extension letters requesting DGS approval for longer than normal contract terms.]

The term of the resulting contract is expected to be [XX] months [if optional years are approved, add (“with one (1)-year optional extension” OR “with two (2) one (1)-year optional extensions)] and is anticipated to be effective from [Insert start date] (referred to as the Contract Effective Date or CED) and continue through [insert end date]. The contract term may change if DHCS makes an award earlier than expected or if DHCS cannot execute the contract in a timely manner due to unforeseen delays.

DHCS reserves the right to extend the term of the resulting contract via an amendment as necessary to complete or continue the services. Contract extensions are subject to satisfactory performance, funding availability, and approval by the Department of General Services (DGS) and Centers for Medicare and Medicaid Services (CMS), if required.

The resulting contract will be of no force or effect until it is signed by both parties and approved by DGS, if required, and CMS, if required. The contractor is hereby advised not to commence performance until all approvals have been obtained and the contractor receives approval, in writing, from DHCS to begin work. If performance commences before all approvals are obtained, said services may be considered to have been volunteered until such approvals are obtained.

[Make certain to include this provision in Exhibit E, Additional Provisions]

See Exhibit E, Additional Provisions, Contract Term for additional information.

AAAAAAAAAAAA. Proposer Questions

Immediately notify DHCS if clarification is needed regarding the services sought or questions arise about the RFP and/or its accompanying materials, instructions, or requirements. Inquiries must be in writing and transmitted to DHCS as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. At its discretion, DHCS reserves the right to contact an inquirer to seek clarification of any inquiry received.

Proposers that fail to report a known or suspected problem with the RFP and/or its accompanying materials, or fail to seek clarification and/or correction of the RFP and/or its accompanying materials, shall submit a proposal at their own risk. In addition, if awarded the contract, the successful proposer shall not be entitled to additional compensation for any additional work caused by such problems, including any ambiguity, conflict, discrepancy, omission, or error.

Following the question submission deadline, DHCS will summarize all general questions and issues raised and post the summary of questions and responses on the Cal eProcure site where this RFP was posted. DHCS will also notify all interested parties that have submitted a Request for Inclusion on the Distribution List, RFP Attachment [XX], with an email that there has been an update either posted to the CD website or on Cal eProcure.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.NM

69. What to include in an inquiry

qqq. Inquirer information, including inquirer’s:

1) Name and title;

2) Name of firm submitting the inquiry;

3) Mailing address;

4) Email address; and

5) Area code and telephone number.

rrr. A description of the subject or issue in question or discrepancy found, and the remedy sought.

sss. Document title, section number, and page number. Please be specific and include any other information useful in identifying the specific problem or issue in question.

ttt. Format your questions using the table template below. Questions that are not submitted in the following format may not be considered. Microsoft Excel format is required.

RFP Reference	Section	Page	Issue or Question	Remedy Sought
· Use “General” for general questions · Use “RFP Main”, “Attachments”, or “Appendices” for questions regarding items in the RFP. · Use “Exhibit __” and the appropriate Exhibit letter for questions regarding a specific Exhibit.	Indicate the RFP section number or letter along with subsection or paragraph site identifiers Example: Section E 1.b.,2).b).,ii.	Example: 27 of 89

70. Question deadline

[Enter one of the options below depending on whether or a Pre-Proposal Conference, Teleconference or Webinar will be held.]

OPTION 1 - No Pre-Proposal Conference/Teleconference/Webinar will be held.

Regardless of delivery method, written inquiries must be received no later than 4:00 p.m. PT on [date]. [See guidelines for setting this date in the section Time Schedule above. Ensure this date is the same as the date listed in the Time Schedule.]

Option 1A - Include with Option 1 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

ii. Disabled Veterans Business Enterprise (DVBE) participation requirements and how to complete the DVBE attachments.

jj. The reporting of RFP errors or irregularities.

Option 1B - Include with Option 1 if incentive programs do not apply to the project (e.g. Direct Services contracts)

Notwithstanding the question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the proposal submission deadline.

OPTION 2 - Pre-Proposal Conference/Teleconference/Webinar will be held.

Proposers are encouraged to submit written inquiries about this RFP to DHCS no later than two (2) State work days before the [Pre-Proposal Conference] [Teleconference] [Webinar] date so answers can be prepared in advance. Notwithstanding the initial question submission deadline, DHCS will accept written or emailed inquiries received by 4:00 p.m. PT on the date of the [Pre-Proposal Conference] [Teleconference] [Webinar]. At its discretion, DHCS may contact an inquirer to seek clarification of any inquiry received. 

Option 2A – Include with Option 2 if DVBE participation is required or waived, but DVBE incentive is still offered.

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about the following issues if such inquiries are received prior to the proposal submission deadline.

ii. DVBE participation requirements and how to complete the DVBE attachments.

jj. The reporting of RFP errors or irregularities.

Option 2B – Include with Option 2 if DVBE participation AND incentive are both waived.]

Notwithstanding the initial question submission deadline, DHCS will accept questions or inquiries about RFP errors or irregularities if such inquiries are received prior to the Proposal submission deadline.

[Include the remaining portion of this section (i.e., numbered items 3 and 4) in all RFPs regardless of the options chosen above.]

71. How to submit questions

Refer to RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Email submission is preferred.

72. Verbal questions

Verbal inquiries are discouraged. DHCS reserves the right not to accept or respond to verbal inquiries. Spontaneous verbal remarks provided in response to verbal inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Direct all requests for DVBE assistance to the Department’s DVBE Coordinator at CDRFP[XX]@dhcs.ca.gov until the proposal submission deadline.

BBBBBBBBBBBB. Data Library

86. Data Library

r. General Information

[The Data Library is optional. It houses documents that Program believes will be helpful to proposers when writing their proposals. Data Libraries can be hosted on the CD extranet, or sent out over email or DVD (if small enough). The Data Library must not include any documents with Personal Health Information (PHI). Documents with Personal Information (PI) must be redacted.]

A Data Library for this procurement will be available [after the RFP release, [actual date,]] OR [shortly after the release of this RFP] until the proposal submission deadline.

Due to the high level of sensitivity and confidentiality of the Data Library material, DHCS will restrict access to the contents of the Data Library to prospective proposers only.

All Data Library material will be available in an electronic format via [a secure website] [email] [digital versatile disc (DVD)], and will not be supplied in hard copy, unless doing so is necessary to meet a reasonable accommodation request (see RFP Main, Reasonable Accommodations). It is the responsibility of the proposer to have the necessary equipment to view the information contained [on the website] [in the email] [on these discs]. [If using DVDs, also add this sentence: Discs will be encrypted and the encryption password will be provided by email to the Point of Contact designated on Appendix 1.2, Request for Data Library Material.]

87. Data Library Policy

a. Proposers must formally request access to the Data Library material. The request must be submitted using the forms in Appendices 1.2 through 1.4 described in this section. All appendices must be signed by an individual who is authorized to legally bind the proposer to all of the provisions contained in the appendices. All digital signatures must be in accordance to Section [O.1.f].

b. Each proposer must designate a Point of Contact to act as the official contact for Data Library communication. It is incumbent on the Point of Contact to continue to monitor the CD website at: https://www.dhcs.ca.gov/provgovpart/rfa_rfp/Pages/CDhomepage.aspx for the latest information concerning the Data Library.

Should the proposer’s Point of Contact change, immediately notify DHCS by submitting a revised set of Data Library forms.

[OPTION 1 – Extranet]

c. Each requestor within the proposer’s organization, including Employees, Agents and/or Subcontractors, requesting access to the Data Library, must complete the form Appendix,1.3 Data Library Security and Confidentiality Agreement. By signing this appendix, the proposer, Employee, Agent, or Subcontractor attests that he or she understands and agrees to Data Library policy contained in this RFP.

Should a user no longer require access to the Data Library, the proposer must immediately notify DHCS by submitting a revised Appendix,1.3 Data Library Security and Confidentiality Agreement for whom the request to remove access is made.

d. The Data Library is the property of DHCS and all access to the Data Library will be removed on the proposal submission date.

e. Within ten (10) calendar days after either contract award, DHCS notice of intent not to award a Contract, or upon notification by the State to destroy the material, all Data Library and DHCS data must be destroyed from all media. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

f. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library access has been removed by DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 2 – Email]

g. Only one set of Data Library materials will be provided to each proposer.

h. The Data Library is the property of DHCS and all Data Library material must be destroyed from all media within ten (10) calendar days after either contract award, DHCS notice of intent not to award a contract, or upon notification by the State to destroy the material. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library documents that were downloaded.

i. All DHCS Data Library material copied to other media must be deleted and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP XX-XXXXX”.

[OPTION 3 – DVDs]

j. Only one set of Data Library discs will be provided to each proposer.

k. The Data Library is the property of DHCS, and all discs, if applicable, and Data Library material must be destroyed or returned to DHCS within ten (10) calendar days after either the contract award, DHCS notice of intent not to award a contract, or upon notice by the State to return the material. This includes the return of any updated discs that DHCS may supply to the proposer. With the exception of the successful proposer, these requirements apply to all prospective proposers, whether or not a proposal is submitted. The successful proposer will be allowed to retain Data Library material. The Data Library Disc Return and Media Destruction Agreement in Appendix 1.4 describes DHCS’ policy for the return and/or destruction of the Data Library material. By signing this form, the proposer attests that he or she understands and agrees to Data Library policy contained in this RFP.

l. All DHCS Data Library material must be returned to DHCS, deleted, and/or destroyed when the data is no longer necessary for the purpose for which it was intended. The removal method must conform to the National Institutes of Standards and Technology (NIST). This includes Data Library material that has been copied to other media by the proposer. Once Data Library discs have been returned to DHCS and all Data Library and DHCS data has been deleted and/or destroyed from all prospective proposer’s media, the prospective proposer’s point of contact must notify DHCS of policy compliance by sending a confirmation e-mail to: CDRFP[XX]@dhcs.ca.gov with the subject line “Data Library Destruction-RFP #[XX-XXXXX]”

[The remaining sections are required for all data library options, if escrow bid document requirements are included in the contract.]

m. As of the date and time Proposals are due to CD, the data library will be closed and the State will make a copy of the contents. This copy will become the official record of the data library. This official record will be placed in the same escrow account, and will be subject to the same rules, as the escrow bid documents which are explained in RFP Main, Escrow Bid Documents and in Exhibit E, Additional Provisions, Escrow Bid Documents. DHCS and the successful proposer will be given an exact duplicate of the data library official record placed in escrow after the Contract has been awarded. The cost of storage shall be the responsibility of the Contractor.

88. Required Data Library Appendices Forms

a. In order to safeguard the confidentiality of the Data Library[TJ365] , DHCS will not grant Data Library access until all of the required Appendices described in this section have been signed by the person authorized to legally bind the proposer, and are submitted by the proposer’s Point of Contact. Appendices submitted to CD for approval and authorization must contain digital signatures, in accordance with RFP Main, Section [O.1.f]. Photocopies, scanned copies, or faxed copies will not be accepted.

b. Submit the following appendices to request Data Library materials:

xviii. Appendix 1.2 – Request for Data Library Material

r) Note: Proposer must indicate the designated “Point of Contact” for Data Library communications on this form.

i. Appendix 1.3 – Data Library Security and Confidentiality Agreement

ii. Appendix 1.4 – Data Library [Disc Return and] Media Destruction Agreement

Note: As indicated above, the Data Library material is the property of DHCS and must be returned, and deleted and/or destroyed within ten (10) calendar days after either the award of a contract, a notice by the State of intent not to award a contract, or upon notice by the State to return the material. The Data Library [Disc Return and] Media Destruction Agreement, Appendix 1.4, describes the Department’s policy for the [return and/or] destruction of [the Data Library discs, and] any Data Library material copied to other media by the prospective proposer, its agents, or subcontractors. By signing this appendix, the Proposer attests that he or she understands and agrees to the Data Library policy contained in this RFP.

89. Updates to the Data Library Material

zz. The Data Library may be periodically updated and additional documents may be added, deleted, or changed during this procurement.

aaa. Announcements regarding Data Library updates and/or additions will be posted directly to the CD website. Proposers may wish to review the CD website periodically for current information about revisions to the Data Library. It will be the responsibility of the Proposers to view the Data Library material in detail for changes.

bbb. [Add this paragraph if the Extranet option is used AND program anticipates continuing to add documents after the RFP releases: “Information will continuously be added to the Data Library up until XX weeks prior to the proposal submission date. Proposers are responsible for frequently checking the Data Library for updates as the Department will not notify proposers directly of any updates.”]

90. Disclaimer

qqq. Information provided in the Data Library is intended only as a resource and is not intended to be comprehensive. It provides a window into the current operations and activities relevant to this contract.

rrr. It is the responsibility of the proposer to obtain and review all pertinent information relating to the [Project Name] RFP. If information is not clear or more information is needed, proposers have the responsibility of asking for clarification and/or for more information during the questions phase of the procurement as described in Proposer Questions above.

sss. If any materials, documentation, information, or data are discovered to be inaccurate or incomplete, such inaccuracy or incompleteness shall not constitute a basis for challenging the contract award, contract rejection, or any payment amount or rate either prior to or after contract award. All statistical information and information concerning volumes contained in the Data Library represent the best information available to DHCS at the time the RFP was prepared.

ttt. Requirements specified in the RFP shall take precedence over documentation in the Data Library if a conflict exists.

CCCCCCCCCCCC. Pre-Proposal [Conference] [Teleconference] [Webinar]

[OPTION 1 - NO Pre-Proposal Conference/Teleconference/Webinar will be held.]

DHCS will not hold a Pre-Proposal [Conference] [Teleconference] [Webinar] for this procurement.

[If Option 1 is chosen, delete the remaining text in Section I.]

[OPTION 2A - A Voluntary or Mandatory Pre-Proposal Conference / Teleconference / Webinar will be held.]

[If a voluntary/mandatory Pre-Proposal Conference will be held in person, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Conference in [city name] on [date] beginning at [exact start time a.m./p.m.] PT at the following location:

[Location Name]

[Street Address]

[Suite Number]

[Floor]

[Room Number]

[City, State, Zip]

[If a voluntary/mandatory Pre-Proposal Teleconference will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Teleconference on [date] beginning at [exact start time a.m./p.m.] PT. To participate in the Teleconference, use a touch-tone telephone to dial ([XXX) XXX-XXXX] and enter the following access code [XXXXXX].

[If a voluntary/mandatory Pre-Proposal Webinar will be held, include the following language.]

DHCS will conduct a [voluntary] [mandatory] Pre-Proposal Webinar on [date] beginning at [exact start time a.m./p.m.] PT. Register for the RFP #[XX-XXXXX] [Project Name] Procurement Webinar at the following link:

[link to the Webinar]

Attendance will be limited so please register for the [voluntary] [mandatory] Webinar early. After registering, a confirmation email containing information about joining the Webinar will be sent.

[For mandatory conferences, teleconferences, or webinars, add the following.]

Failure to attend the mandatory Pre-Proposal [Conference] [Teleconference] [Webinar] will result in proposal rejection.

[No matter the venue chosen, include the following language.]

Prospective proposers that intend to submit a proposal are [encouraged to] [must] participate in the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar]. It shall be each prospective proposer’s responsibility to join the [Conference] [Teleconference] [Webinar] promptly at [exact start time a.m./p.m.] PT. DHCS reserves the right not to repeat information for participants that join the [Conference] [Teleconference] [Webinar] after it has begun.

If a potential prime contractor is unable to attend the [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar], an authorized representative of its choice may attend on its behalf. The representative may only sign-in and represent one (1) potential prime contractor. [If voluntary conference/teleconference/webinar, insert the following sentence.] Subcontractors may also represent a single potential prime contractor at the voluntary Pre-Proposal [Conference] [Teleconference] [Webinar]. [If mandatory conference/teleconference/webinar, insert the following sentence.] Subcontractors may not represent a potential prime contractor at the mandatory [Conference] [Teleconference] [Webinar].

The [voluntary] [mandatory] Pre-Proposal [Conference] [Teleconference] [Webinar] is a public event or meeting and anyone can attend.

The purpose of the Pre-Proposal [Conference] [Teleconference] [Webinar] is to:

35. Allow prospective Proposers to ask questions about the services sought or RFP requirements and/or instructions.

36. Share the answers to general questions and inquiries received before and during the [Conference] [Teleconference] [Webinar].

DHCS reserves the right to determine which inquiries will be answered during the conference and which will be answered later in writing. Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on DHCS unless later confirmed in writing.

Carefully review this RFP before the [Conference] [Teleconference] [Webinar] date to become familiar with the qualification requirements, SOW, and proposal content requirements. [Conference] [Teleconference] [Webinar] attendees are encouraged to have the RFP available for viewing during the [Conference] [Teleconference] [Webinar].

Refer to RFP Main, Proposer Questions section for instructions on how to submit written questions and inquiries before the [Conference] [Teleconference] [Webinar] date.

[This sentence may be modified depending on whether or not program decides to release these questions to participants after the conference / teleconference / webinar. It is uncommon to release Q&A after a draft meeting and more common following a final RFP meeting.] DHCS will share written responses to questions received shortly after the [Conference] [Teleconference] [Webinar].

After the [Conference] [Teleconference] [Webinar], DHCS intends to summarize all general questions and issues raised before and during the [Conference] [Teleconference] [Webinar], and post the summary of general questions for the RFP #[XX-XXXXX] [Project Name] Procurement and responses on the Internet at DGS’s Cal eProcure site where this RFP was posted.

To the extent practical, inquiries shall remain as submitted. However, DHCS may consolidate and/or paraphrase similar or related inquiries.

[Conference] [Teleconference] [Webinar] attendees are responsible for their costs to participate in the [Conference] [Teleconference] [Webinar]. Those costs cannot be charged to DHCS or included in any cost element of a proposer’s price offering.

DDDDDDDDDDDD. Reasonable Accommodations

For individuals with disabilities, DHCS will provide assistive services such as sign-language interpretation, real-time captioning, note takers, and reading or writing assistance. DHCS will also provide conversion into Braille, large print, and CD/DVD of items such as the Pre-Proposal [Conference] [Teleconference] [Webinar] handouts [delete reference to the Conference/Teleconference/Webinar if it is not held], oral interview material [Delete reference to oral interview material if interviews will not be held], RFP and RFP Addenda, Question and Answer Notices, applicable Data Library materials [Delete reference to library materials if no data library will be used], and other Administrative Notices.

To request such services or copies in an alternate format, please contact DHCS staff listed in RFP Main, Sole Point of Contact and Address no later than ten (10) State work days prior to the date the alternative format material is needed.

NOTE:  The range of assistive services available may be limited if requests are received less than ten (10) State work days prior to the date the alternative format material is needed.

(TTY) California Relay telephone number: 711-1-800-735-2929

[If oral interviews are planned, programs are advised to include instructions similar to these for Reasonable Accommodations within the notice announcing the interview date. If any program receives a request for reasonable accommodation, immediately notify the Office of Civil Rights which will assist the program in meeting the request.]

[Oral interviews are highly discouraged due to the high risk of leading to a protest or appeal due to their subjective nature.]

EEEEEEEEEEEE. Request for Inclusion on Distribution List

During the procurement process, DHCS may revise RFP content through issuance of an Administrative Bulletin or an RFP Addendum in order to transmit important information to interested parties and prospective proposers who have submitted DHCS RFP Attachment [XX], Request for Inclusion on Distribution List. Administrative Bulletins and RFP Addenda will be uploaded to the Cal eProcure site where this RFP was posted

Prospective proposers and interested parties who wish to be notified of additional posting relating to this procurement should complete, sign and submit Attachment [XX], Request for Inclusion on Distribution List as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents.

DHCS will notify interested parties and prospective proposers, via email message, each time an Administrative Bulletin and/or RFP Addendum is posted to the Cal eProcure website. This email message will be sent to interested parties and prospective proposers who have submitted RFP Attachment [XX], Request for Inclusion on Distribution List. Therefore, it is incumbent upon prospective proposers who have not submitted Attachment [XX], Request for Inclusion on Distribution List to monitor the CD website for notices of release for Administrative Bulletins and RFP Addenda for revisions to the RFP and for important procurement information.

Prospective proposers and interested parties unable to download information from the Cal eProcure website may request a CD/DVD of the RFP. Refer to RFP Main, Sole Point of Contact and Address to request a CD/DVD.

FFFFFFFFFFFF. [Voluntary] [Mandatory] Non-Binding Letter of Intent

[The Letter of Intent is non-binding and can be voluntary or mandatory depending on the language option selected. The Letter of Intent asks potential proposers to indicate if they intend to submit a proposal or why they do not intend to submit a proposal, if applicable.

A Letter of Intent is not a standard bidding requirement (i.e., there is no mention of a Letter of Intent in the Public Contract Code or State Contracting Manual). Non-Binding Letters of Intent are used for several reasons including:

• To learn how many potential proposals might be received so the evaluation committee can be planned for in advance.

• To limit the number of RFP addenda that must be transmitted if an RFP is corrected.

• To learn why a firm chose not to submit a proposal.

Never divulge the identity of the firms that submit a Letter or Intent until after the Notice of Intent to Award is posted.  Proposers do not have a right to know who their competitors are.  Lack of this knowledge avoids collusion and price fixing.

Voluntary Letter of Intent

When a Letter of Intent is voluntary, proposers are not required to submit a Letter of Intent or a proposal and DHCS must accept a proposal even if a Letter of Intent was not submitted.

Mandatory Letter of Intent

When a Letter of Intent is mandatory, CD mentions this requirement in the body of the CSCR ad and refers potential proposers to the RFP for specific submission requirements. Proposals cannot be accepted from any firm that does not submit a timely Letter of Intent.  Mandatory Letters of Intent are not binding and firms cannot be required to submit a proposal.

If a program opts to make submission of the Letter of Intent mandatory, which CD does not recommend, choose the appropriate optional wording in this section that indicates submission of the Letter of Intent is mandatory.

[If a Program chooses to require the submission of a Conflict of Interest Disclosure Statement with the Letter of Intent:

· Include detailed Conflict of Interest Disclosure Statement submission requirements and instructions in the Letter of Intent section of the RFP.  Only include pre-proposal disclosure requirements and instructions in the Letter of Intent section of the RFP.  Do not insert any contract terms in this part of the RFP; those contract terms relative to the Conflict of Interest Disclosure requirements should be included in the Exhibit E sample included in the RFP.

· Program staff can alter the Conflict of Interest Certification Form to:

o List the situations (i.e., types of business or performance relationships) that are prohibited or pose a real or perceived conflict of interest.

o Allow proposers to place a check mark next to the applicable items indicating they may have a potential conflict of interest in those areas.

o Instruct proposers to submit an attachment identifying each situation that may pose a potential or perceived conflict and instruct them to explain how they intend to avoid or mitigate the negative affects resulting from those situations and/or how they will avoid potential conflicts in the future.  The legal office should review any form created for this purpose.  Alternatively, space may be provided on the form for the proposer to insert their narrative explanation.]

35. General information

Option 1 - Voluntary Letter of Intent

Prospective proposers are encouraged to submit the Voluntary Letter of Intent, RFP Attachment [XX], to indicate either intent to submit a proposal or to indicate the reason(s) for not submitting a proposal. Failure to submit the Voluntary Letter of Intent will not affect the acceptance of any proposal. The Voluntary Letter of Intent is not binding and proposers are not required to submit a proposal because a Voluntary Letter of Intent is submitted.

Option 2 - Mandatory Letter of Intent

Prospective proposers that intend to submit a proposal are required to indicate their intention to submit a proposal. Failure to submit the Mandatory Letter of Intent will result in proposal rejection. The Mandatory Letter of Intent is not binding and prospective proposers are not required to submit a proposal merely because a Mandatory Letter of Intent is submitted. Complete and submit RFP Attachment [XX], Letter of Intent for this purpose.

36. Submitting the [Voluntary] [Mandatory] Letter of Intent

Submit RFP Attachment [XX], Voluntary Letter of Intent, by 4:00 PM PT on [Letter of Intent due date]. Send the attachment to the Department via email as instructed in RFP Main, Sole Point of Contact and Address, and RFP Main, Submission of Proposals and Other Related Documents. Digital signatures are required according to RFP Section [O.1.f].

[Include the following only if requiring a mandatory letter of intent:]

Proposers transmitting a Mandatory Letter of Intent by email are responsible for confirming the receipt of the email by the stated deadline.

GGGGGGGGGGGG. Scope of Work

See Exhibit A, Scope of Work [and all Attachments that are] included in the Sample Contract Forms and Exhibits section of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this procurement.

HHHHHHHHHHHH. Qualification Requirements

Failure to meet the following requirements by the Proposal submission deadline may be grounds for DHCS to deem a proposer nonresponsive/nonresponsible. DHCS may choose not to thoroughly review or score proposals that fail to meet these requirements. 

In submitting a Narrative Proposal, use RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist to certify and prove that the Proposer possesses and agrees to abide by the following qualification requirements, and has submitted additional documentation where required below.

[Program is to provide a brief and concise list of each type of experience and the required number of years that is required to ensure adequate SOW performance.]

[Inform program to not include knowledge or ability requirements in the Qualification Requirements section, as these attributes cannot be proven in a proposal. Instead, instruct them to convert a knowledge or ability requirement into an experience requirement that, when possessed, will prove a proposer has the appropriate knowledge and/or abilities needed for performance. For example, instead of requiring knowledge of current government processes, require experience having performed a certain type of work/activity for a government entity.]

290. Experience requirements

At least [XX] [Program provides number of years] consecutive years of experience of the type(s) listed below. All experience must have occurred within the past [XX] [number of] years from the date the proposal is submitted. It is possible to attain the experience types listed below during the same time period. Proposers must have experience:

ppppp. [Example - Filing workers’ compensation claims, collecting workers’ compensation liens in California, and providing legal representation regarding workers’ compensation matters to clients at conferences, hearing, and/or trials.]

qqqqq. [Example - Performing statewide research on the study of breast cancer causes and incidence in California.]

rrrrr. [Example - Developing and delivering statewide training courses for health care professionals on topics related to ….]

sssss. [Example - Establishing and maintaining effective working relationships with government entities, local community based organizations, and private nonprofit organizations.]

ttttt. [Example – State Government Codes, WIC, PCC, CFR contractor must meet]

uuuuu. [Example -- Systems Requirements]

vvvvv. [Example – Licensing Requirements]

291. Compliance with Contract Terms and Conditions

Proposers must certify they have read and are willing to comply with all proposed terms and conditions addressed in the RFP Main, Contract Terms and Conditions, including the terms appearing in the referenced Contract exhibits. Proposers are to certify such by completing the appropriate line on the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.

292. Eligibility to Perform Business in California

As required by California law, business entities must be in good standing and qualified to do business in California. If the Proposer is a Corporation, Partnership or a Limited Liability Company, the Proposer must either: a) submit a copy of the firm’s most current Certificate of Status issued by the State of California, Office of the Secretary of State; or b) submit a downloaded copy of the proposing firm’s on-line status information from the California Business Portal website of the State of California, Office of the Secretary of State.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal. Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation. Include an explanation if this documentation cannot be submitted.

[It is optional to collect copies of Bylaws, Articles of Incorporation or other documents believed to be necessary to prove corporate status. CD does not recommend the collection of these items unless there is a specific need for this information.]

[If Proposers are required to submit copies of Bylaws, Articles of Incorporation, or other proof of corporate status, delete the language above: (Unless otherwise specified, the Proposer shall not submit copies of the proposing firm’s Bylaws or Articles of Incorporation); and, include the following language: (Include a copy of the proposing firm’s Bylaws and Articles of Incorporation.) Add these items to the Appendix Section of the RFP Attachment 2a, Narrative Proposal Required Attachments/Certification Checklist.]

293. Non-Profit / Tax-Exempt Organization Status

Non-profit organizations must prove they are legally eligible to claim non-profit and/or tax-exempt status by submitting a copy of an Internal Revenue Service (IRS) determination letter indicating non-profit or 501 (3) (c) tax-exempt status.

Submit this documentation, or an explanation if this documentation cannot be supplied, in the Appendix of the proposal.

294. Financial Stability – Minimum Financial Criteria

[Optional for small projects -- Include the language below only if there is a desire to have Proposer’s certify they are financially stable. The collection of the actual financial statements is addressed in a later section.]

Proposers must certify they are financially stable and solvent and have adequate cash reserves to meet all financial obligations while awaiting reimbursement from the State.

[Include the language below for large and/or complex projects]

hhhh. At a minimum submit a copy of the following financial statements for the past two (2) years or most recent twenty-four (24) month time period.

1) Annual (and Quarterly if available) Income Statement(s)

2) Annual Balance Sheets

iiii. In order to safeguard the interest of the State and in order to ensure that a Proposer has the financial wherewithal to conduct this Contract, the Proposer shall supply the following information, as appropriate:

18) Proposers shall submit a Financial Stability Plan incorporating the following data discussed in items a) through e), below, for the past two (2) fiscal years of the Proposer’s business and the interim period from the end of the last full fiscal year up to and including the date specified for submission of Narrative Proposals.

If the Proposer is a subsidiary of any other legal entity and the financial resources of the Parent Corporation are required to qualify the subsidiary for competition under this procurement, the financial stability submission requirements for this section shall apply to the Parent Corporation.

Audited statements are preferred, but not required. DHCS will accept financial statements prepared by the Proposer’s financial accounting department, accounting firm, or an auditing firm. For publicly traded companies, we accept and encourage the use of SEC Form 10-K as audited financials. A statement signed by the Proposer’s Chief Executive Officer, Chief Financial Officer or representative certifying that the financial statements are accurate and complete must accompany all financial statements. Un-audited financial statements may not be used to qualify under RFP Main, Qualification Requirements, 6.c., below.

hhhh) Proposer's annual financial statements for the last two (2) fiscal years. If the financial statements have been audited, please provide a copy of the independent certified public accountant’s (CPA) Opinion Statement and report.

iiii) Proposer’s interim financial statements for the interim period from the end of the last full fiscal year up to and including the month prior to submission of the Narrative Proposal. The State does not require submittal of interim statements for the last two (2) fiscal years for which annual reports are submitted.

jjjj) Proposer’s projected pro forma financial statement and statement of changes in financial position for the next three (3) years predicted upon operation without the award of this Contract.

kkkk) Proposer’s detailed financial plan and proposed cash flow budget demonstrating that the availability and source of sufficient funds to cover the Proposer's projected operation cost without risk of insolvency were the Proposer to provide the contractual services under the Contract period.

llll) Proposer’s organization history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal and/or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. If the Proposer supplies audited financial statements, all noted audit exceptions must be explained.

jjjj. In lieu of RFP Main, Qualification Requirements, 6.b.1)a) through e), above, Proposers must provide all of the following:

69) Proposer’s two (2) most recent annual certified financial statements, accompanied by an independent CPA’s Unqualified Audit Report or Opinion Statement (Unqualified/Clean Opinion); and

70) An organization’s history of claims of bankruptcy, receivership, questioned cost, repayment of funds, failure to fulfill contract and criminal or civil legal actions that name the organization or administrative/supervisory staff that have occurred within the past five (5) years of the Proposal submission date. All noted audit exceptions of the audited financial statements must be explained.

And, either:

71) Evidence of capital contributions and retained earnings equal to an amount greater than [XX] million dollars ($[XX],000,000)[Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.], as identified in the annual financial statements;

or

72) Evidence of assets under control greater than [Insert amount as appropriate here. See Financial Stability Guide for instructions on how to determine this number.][XX] million dollars ($[XX],000,000), as identified in the annual financial statements.[TJ366] [TJ367]

kkkk. Guaranty Provisions

If the Proposer is a subsidiary of another entity, the Proposer must submit a guaranty from an entity in the Proposer’s chain of ownership that is publicly traded. If no such parent entity is publicly traded, the guaranty shall be submitted by a parent entity at a level in the chain of ownership that is acceptable to DHCS. The guaranty shall meet all the requirements specified in Exhibit E, Additional Provisions, Guaranty Provisions, be in a form satisfactory to DHCS, and provide for the full and prompt performance of all covenants, terms and conditions, and agreements throughout the term of the Contract.

llll. Certification

All financial data submitted in the Financial Stability Plan and Guaranty Provisions in connection with this RFP shall be accompanied by a signed statement from the Proposer’s or parent corporation’s Chief Executive Officer, Chief Financial Officer or representative certifying that the data is current, accurate, and complete.

295. Follow-on Consultant Contract Disclosure

Proposers must certify their Proposal response is not in violation of California Public Contract Code (PCC) Section 10365.5 and, if applicable, must identify previous consultant services contracts that are related in any manner to the services, goods, or supplies being acquired in this solicitation. Detailed requirements are outlined in RFP Attachment [XX], Follow-on Independent Consultant Contract Disclosure.

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than ten percent (10%) of the total monetary value of the consulting services agreement. Consultants and employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

296. Disabled Veteran Business Enterprise Participation Requirements

[Option 1: If DVBE participation is required, include the following language.]

Disabled Veteran Business Enterprise (DVBE) participation is mandatory in this RFP.

Proposers must meet a DVBE participation goal of [numeral] percent ([XX%] [Enter the DVBE percentage stated in the RFP cover letter]) for this solicitation. Follow the instructions and complete RFP Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms. This requirement applies if the total cost or price offered equals ten thousand dollars ($10,000) or more.

Option 2 – If DVBE participation is waived but an incentive is still offered, include the following language.]

DVBE participation is voluntary in this RFP.

However, proposers are highly encouraged to participate in the DVBE Program. As further incentive to participate, proposers meeting a DVBE participation rate greater than three percent (XX% [Enter the DVBE percentage stated in the RFP cover letter]) shall be granted additional bonus points described in the schedule in RFP Main, Preference and Incentive Programs. The maximum DVBE incentive allowed is five percent (5%) of the total possible points.

Follow the instructions and complete Attachment [XX], [XXa], and [XXb], DVBE Instructions and Forms if participating with a DVBE.

Option 3 – If DVBE participation AND incentive are both waived, delete this entire section.]

297. Darfur Contracting Act Certification

Proposers that currently have or within three (3) years prior to the proposal submission date have had business activities or other operations outside of the United States must certify that the bidding entity is either (A) not a scrutinized company; or (B) a scrutinized company that has been granted permission by the DGS to submit a proposal in response to this solicitation. A “scrutinized” company is defined in PCC Section 10476. Detailed certification requirements appear in RFP Attachment [XX], Darfur Contracting Act Certification.

If the Proposer does not currently have and has not, within three (3) years prior to the proposal submission date, had any business activities or other operations outside of the United States, there is no need to complete or submit RFP Attachment [XX], Darfur Contracting Act Certification.

298. Iran Contracting Act Certification

Pursuant to PCC Sections 2202-2208, prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of one million dollars ($1,000,000) or more, a bidder/proposer/respondent must either:

a)  Certify it is not on the current list of persons engaged in investment activities in Iran created by the DGS pursuant to PCC Section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

b)  Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to PCC Section 2203(c) or (d).

To comply with this requirement, read and complete RFP Attachment [XX], Iran Contracting Act Certification.

299. California Civil Rights Laws Certification

a. Pursuant to PCC 2010, if a bidder or proposer executes or renews a contract over one hundred thousand dollars ($100,000) on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

35) CALIFORNIA CIVIL RIGHTS LAWS: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the California Civil Code) and the Fair Employment and Housing Act (Section 12960 of the California Government Code); and

36) EMPLOYER DISCRIMINATORY POLICIES: For contracts over one hundred thousand dollars ($100,000) executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the California Civil Code) or the Fair Employment and Housing Act (Section 12960 of the California Government Code).

b. To comply with this requirement, sign and submit RFP Attachment [XX], California Civil Rights Laws Certification. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

300. Attestations

Proposers must provide the following:

zz. An attestation that this contract will be a high priority to the proposer and that the proposer is committed to supplying all necessary resources to meet its contractual obligations.

aaa. An attestation from each subcontractor and consultant that this contract is of high priority to each subcontractor and consultant, and that each subcontractor and consultant is committed to supplying any necessary resources to assure full performance of the contract.

bbb. An attestation from the proposer’s ultimate parent organization, if any, that this contract is of high priority to the parent organization and that the parent organization is committed to supplying all necessary resources to assure full performance of the contract.

Include the above documentation in the Appendix section, and check the appropriate box for each on RFP Attachment [XX], Narrative Proposal Required Attachments/Certification Checklist.

301. Certification Clauses

The proposer certifies to the best of its knowledge and belief that it and its principals abide by the items below. Check the appropriate box for each on RFP Attachment  [2a], Narrative Proposal Required Attachments/Certification Checklist to comply with this requirement. Questions/Comments, in no particular order:

1.     In Evaluation Form builder, is Rich Text defined as including multi-line responses by proposers and it can support hyperlinks?

2.     In Forms Builder, when looking at ordering Sections, noticed that Solution is first, for example, but when I use the function to reorder “Solution” it is not in first position.  We didn’t see correspondence between existing order and the listing of order after going to the Reorder function.

3.     The PM has asked for a Pre-proposal meeting. Anything we should know for how to manage communicating meeting specifics to Vendors through your Tool? It will only be online through Teams.  I don’t see this option under where I’m entering updated Date and Time information under Publication Stage.

4.     Under Forms Builder: what is “Placeholder”?

5.     When editing Evaluation Criteria in evaluation forms builder, the first field is left blank on purpose because it restates the question, correct?

6.     I uploaded the RFP instructions, forms and proposed contract Terms / Conditions under the Challenge Statement section.

7.     I entered a Forms Section under evaluation to use it as a reminder that all forms are in the RFP itself.  (too much work to extract them)

qqq. Past Business Practice

Proposers’ past record of sound business integrity and history of responsiveness to past contractual obligations will be a factor considered during the Compliance Review phase. DHCS may deem a Proposer non-responsive/non-responsible for past egregious contractual breaches, incidents of fraud, a pattern of non-responsiveness to past contracts and/or any other past unethical business practices. Without limiting the foregoing, DHCS specifically reserves the right to deem a Proposer non-responsive/non-responsible if DHCS has terminated one (1) or more of its contracts.

rrr. Warranty Against Payment of a Broker’s Fee

Proposers (to include any officers, director or employees) must certify that no broker or finder has been employed, and that no liability for any brokerage fee, commission or finder’s fee (or similar fees, commission or reimbursement expenses) has been incurred in connection with the transactions contemplated by this Contract.

sss. Certificate of Independent Price Determination

18) The prospective proposer certifies that:

r) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have been arrived at independently without any consultation, communication or agreement with any other proposer or competitor for the purpose of restricting competition relating to:

i. The prices or costs offered.

ii. The intention to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal.

iii. The methods or factors used to calculate the costs or prices offered.

jj) The prices in this bid [If using 5-line budget] Cost [If using Bid Sheets] proposal have not been and will not be knowingly disclosed by the proposer, directly or indirectly, to any other proposer or competitor before the bid [If using 5-line forms] Cost [If using Bid Sheets] proposal opening date, or date of the Notice of Intent to Award the contract posting, unless otherwise required by law.

kk) No attempt has been made or will be made by the proposer to induce any other firm or entity to submit or not to submit a bid [If using 5-line budget] Cost [If using Bid Sheets] proposal for the purpose of restricting competition.

The signature on RFP Main Attachment [2a] is considered to be a certification by the signatory that the signatory is the person in the proposer’s organization that is either responsible for determining the prices offered in this bid [If using 5-line forms] Cost [If using Bid Sheets] proposal and/or is designated to complete the bid proposal forms [If using 5-line budget] Cost Proposal Bid Sheets [If using Bid Sheets] on behalf of the bidding firm, and the signatory has not participated and will not participate in any action contrary to RFP Main, Cost Proposal Submission, Format and Content Requirements.

ttt. Debarment and Suspension Certification [Delete this certification if the resulting agreement will not be wholly or partially funded by federal funds.]

The Proposer must certify that it and its principals:

69) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency;

70) Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

71) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2) of this certification; and

a) Have not within a three (3)-year period preceding this proposal had one (1) or more public transactions (federal, state or local) terminated for cause or default.

b) Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.

c) Will include a clause titled "Debarment and Suspension Certification'' that essentially sets forth the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

72) If the proposer is unable to certify to any of the statements in this certification, the proposer shall submit an explanation in the Appendix section of the proposal.

302. Liability Insurance Requirement

[Conditionally applicable –  Delete this item if the service will not involve the handling of hazardous materials or automobile use.

If the service involves handling, testing, storing or moving toxic or hazardous materials; if automobiles are used in performance (i.e., transporting persons or state property), if pesticides will be used, if movers will be secured, or other service can result in a risk of harm or injury to persons or property, include the statement shown below.

If proof of insurance is needed, CD recommends that proof of insurance possession only be collected from the winning proposer after the Notice of Intent to Award is posted]

The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit D(C), Special Terms and Conditions. [If D(F) is used due to the use of federal funding, do not use the above statement citing Exhibit D(C); Instead, cite the provision number of the Insurance Requirements clause that will be placed in Exhibit E (Example: “The winning Proposer must supply, before contract effective date (CED), proof of liability insurance that meets the requirements of Provision [XX] of Exhibit E, Additional Provisions.)]

303. Indirect Cost Containment

[For smaller projects this language is included here. For larger projects, this language is included in Exhibit B, Attachment 1, Special Payment Provisions.]

[Optional - Include this item only if proposers will be prohibited from charging more than a specified indirect cost percentage rate. There must be a programmatic reason for retaining this requirement as it tends to limit competition. Indicate the percentage rate in the space below. If necessary, modify the basis on which indirect costs are to be calculated. Unless federal funding requirements restrict indirect costs to a specified percentage, CD recommends that Program staff specify a percentage of 20% or more.]

Proposers must agree to contain their indirect costs at a percentage rate not to exceed [spell out numeral] percent [XX%] of [Enter the cost basis. Example: “personnel costs, excluding benefits”.]

304. Conflict of Interest Compliance Certification

[Use the following language for smaller projects.]

[Optional - Include this item only if the contracting program prohibits certain activities, actions or relationships that are in conflict with program objectives. In addition to inserting the statement below, include instructions in the Appendix Section regarding the program’s conflict of interest statement submission requirements. Do not include contract language or form submission instructions in this section.]

Proposers must certify and submit proof that no prohibited conflict of interest exists.

      [Use the following language for larger projects.]

ii. Proposers and their Subcontractors and consultants must certify and submit proof that no prohibited conflict of interest exists. If a conflict(s) does exist, the corrective measures that will be taken to mitigate such conflict(s) must be submitted. Detailed requirements are outlined in RFP Attachment [XX], Conflict of Interest Compliance Certificate and in Exhibit E, Additional Provisions, Avoidance of Conflicts of Interest by Contractors and its Subcontractors.

jj. Proposers are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firm:

1) [Program provides the information that is appropriate to the project.] [Example: does not have interest in any business that will profit from the proposer being awarded the contract.]

2) Understands that the conflict of interest requirements shall remain in effect for the entire term of the Contract.

3) All Subcontractors and consultants are required to submit RFP Attachment [XX], Conflict of Interest Compliance Certification certifying that the proposing firms:[Include language here appropriate to the project.]

qqq. If a conflict of interest is determined to exist that cannot be resolved to the satisfaction of DHCS before the award of the Contract, the conflict will be grounds for deeming a Proposal non-responsive.

rrr. Proposers must assess their own situation according to RFP Attachment [XX], Conflict of Interest Compliance Certification.

sss. Proposers, subcontractors, and consultants must complete and submit required documentation according to the instructions in RFP Attachment [XX], Conflict of Interest Compliance Certification.

ttt. To comply with this requirement, sign and submit RFP Attachment [XX] as stated in [RFP Main, Narrative Proposal Submission, Format, and Content Requirements]. Check the appropriate box on Attachment 2a, Narrative Proposal Required Attachment/Certification Checklist.

305. Lobbying Restrictions and Disclosure [Include only for federally-funded projects using Exhibit D(F), and if the resulting contract total will equal or exceed $100,000.

Refer to last few pages of the Exhibit D(F) to find a copy of the SF LLL. Direct the proposers to reproduce or complete the forms in that exhibit rather than including more forms in the bid document. Do not reference to Exhibit D(F) if Exhibit D(C) will be cited.]

zz. The proposer must certify in a copy of Attachment 1 of Exhibit D(F), to the best of its knowledge and belief, that:

1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,'' in accordance with its instructions. The Federal Standard Form-LLL may be obtained from various federal agencies, federally sponsored Internet sites, from DHCS upon request, or may be copied from Attachment 2 of Exhibit D(F), Special Terms and Conditions.

r) The proposer shall require that the contents of this certification be collected from the recipients of all sub-awards, exceeding one hundred thousand dollars ($100,000), at all tiers (including subcontracts, sub-grants, etc.) and shall be maintained for three (3) years following final payment/settlement of those agreements.

aaa. This certification is a material representation of fact upon which reliance was placed when this Contract was made and/or entered into. The making of the above certification is a prerequisite for making or entering into this Contract pursuant to 31 United States Code (U.S.C.) 1352 (45 CFR 93). Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

bbb. The proposer shall include a signed copy of Attachment 1 of Exhibit D(F), and if applicable, a signed copy of Attachment 2 of Exhibit D(F) in the Appendix section of the proposal.

306. Other Program Qualification Requirements

[If necessary, add other qualification requirements that proposers must possess in order to perform the work, such as a required license, certification, unique facilities, etc. If items are added here, repeat those requirements on the Attachment 2a, Narrative Proposal Required Attachment / Certification Checklist and include instructions in the Proposal Format and Content Requirements section for how and where proposers are to show they meet the added requirements.]

IIIIIIIIIIII. General Proposal Submission Instructions

52. Proposers Must Adhere to All of the Following Instructions

nnnnnnnnn. [Include this provision if accepting electronic email submissions only. Otherwise, delete a. in its entirety.] Compile one (1) complete electronic bid package.

ooooooooo. Each firm or individual may submit only one (1) Narrative Proposal and only one (1) Cost Proposal. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) Narrative Proposal or one (1) Cost Proposal, DHCS will reject all Proposals submitted by that firm or individual.

ppppppppp. A firm or individual proposing to act as a prime contractor may be named as a subcontractor and/or independent consultant in another proposer’s proposal. Similarly, more than one (1) proposer may use the same subcontractor(s) and/or consultant(s).

qqqqqqqqq. Each proposal must be complete with required content, attachments and documentation. Assemble the Narrative Proposal as instructed in RFP Main, Narrative Proposal Submission, Format and Content Requirements, Content Requirements. Assemble the Cost Proposal as instructed in RFP Main, Cost Proposal Submission, Format and Content Requirement, Content Requirements.

rrrrrrrrr. A person who is authorized to bind the proposer must sign each RFP attachment or form that requires a signature. If the proposer is a corporation, a person authorized by the Board of Directors to sign on behalf of the Board must sign each RFP attachment that requires a signature.

[Include the following language if only accepting electronic versions.]

a. When submitting attachments/forms that are required to be submitted electronically, PpProposers must compile one (1) complete electronic bid package and sign all applicable attachments or forms using an authorized electronic signature in accordance with California State Administrative Manual 1240. The only authorized form of electronic signature is a digital signature that meets requirements under California Government Code 16.5 and California Secretary of State Regulations for Digital Signatures.  [TJ368] [TJ369]

sssssssss.

ttttttttt. Develop proposals by following all RFP instructions and/or clarifications issued by DHCS in the form of Question and Answer Notices, Administrative Bulletins, and RFP Addend

---

[TJ1]Jessica: Try this: https://answers.microsoft.com/en-us/msoffice/forum/all/optional-paragraphs-word-2016/2d9c3413-7c50-45a3-abcb-06e87dbef546

[A2]LW: CS/KD - Still applicable?

[TJ3]Per Pat, program ended in 2011. Will remove from this template.

[A4]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ5]Lowercase these throughout

[TJ6]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ7]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ8]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ9]All electronic now

[TJ10]Needs workshopping and talking through.

[TJ11]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ12]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ13]Rewrite, clearly labeled

[TJ14]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ15]Same comment as above.

[TJ16]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ17]What is there to determine about this? Can we just leave it as SOW?

[A18]Add this to Qualifications above.

[A18]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ19]I think we can continue adding this phrase in.

[A20]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ21]Added this section

[TJ22]Budgetary controls vs. expenditures tracking?

[TJ23]Recommend delete and use 2a for all of these like in managed care.

[TJ24]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal.

[TJ25]Need to discuss: are there any downsides to having electronic-only versions of the cost proposal?

[TJ26]Why? PCC 10344 requires that all RFPs have cost proposals submitted in a separate sealed envelope. Can a box count? Separate sealed box instead of sealed envelope? Or do we need to ask specifically for a sealed envelope?

[TJ27]Why can’t it all just be in one file folder? Especially since the first file folder already contains the bid sheets?

[TJ28] [TJ28]What determines if it’s in a sealed envelope outside the box, or in a binder inside the box???

[TJ29]What determines if it’s in a sealed envelope outside the box, or in a binder inside the box???

[TJ30]Instead of listing them out like this, can we just delete all of it and have one option, which is to submit as required in the submission requirements section?

[TJ31]Need to come up with a structure for the electronic submissions….Or should we just leave it up to vendors?

[TJ32]Do we really need an Option 2? Realistically, how many secondary RFPs are we going to do this way?

[TJ33]Wouldn’t this paragraph need to be added under this option too? The SCM says Cost is to be separate from Narrative in all secondary RFPs.

[A34]Consider making the first part of this question an open ended question rather than a yes or no answer.

[TJ35]Can we just do an electronically signed form?

[A36]I don’t recall that the first sentence actually happened during the time I’ve worked for OMCP; perhaps should reconsider this language.

[TJ37]I think standard practice is Chris releases it to the distribution list. Asked him what standard procedure is (10/1)

[TJ38]Will DGS accept this? Or do we need to add instructions about ink signatures specifically for this section?

[TJ39]Recommend delete. This is no longer possible.  I had Chris check this a few months ago.

[TJ40]Deleted, redundant of #4

[A41]CS/KW: Check with Carrie for the history and explanation of this information.

[TJ42]8/23: Emailed Carrie. Pending response.

[TJ43]8/23: Carrie said she recommends NOT releasing this and having everything to through PRA. I agree. I recommend we delete this provision.

[A44]Remove highlight

CS/ [A45]KW: I understood that this list cannot be shared until after the Notice of Intent to Award is made. Need to confirm with Carrie considering the paragraphs that follow this.

[A46]CS/ [A46]KW: I understood that this list cannot be shared until after the Notice of Intent to Award is made. Need to confirm with Carrie considering the paragraphs that follow this.

[TJ47]8/23: Carrie said to check in with Max, but she doesn’t think we do this anymore. Messaged Max, pending response.

[TJ48]How would you know this in advance? Shouldn’t we just always include this if there’s a definite funding limit set for the project?

[TJ49]How do we want to do this?

[TJ50]Should this match the proposal submission date and time??

[A51]This contradicts language above, T.1.b., that says the entity must have applied for small business certification by 5p on the proposal submission deadline.

[A52]Confirm reference

[A53]Which proposal?

[TJ54]Cost? That’s what we say in the Cost section.

CS/KW: [A55]Does Program set participation level or does the CD DVBE liaison do that?

[A56]See Mary’s comment in the document she wrote revising TACPA language.

[TJ57]Mary reviewed the TACPA provision in FI-DBO, so I just used that section.

Collin helped me track down Mary’s comment that La Vonda was referring to. Mary said that in other state department procurements she’s seen, the TACPA section is much shorter and doesn’t give as much information as we do. She said we should consider paring this down.

[TJ58]Needs formatting

[A59]Kelley: Did you ever find anything on this?

[A60]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ61]Lowercase these throughout

[TJ62]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ63]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ64]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ65]All electronic now

[TJ66]Needs workshopping and talking through.

[TJ67]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ68]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ69]Rewrite, clearly labeled

[TJ70]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ71]Same comment as above.

[TJ72]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ73]What is there to determine about this? Can we just leave it as SOW?

[A74]Add this to Qualifications above.

[A74]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ75]I think we can continue adding this phrase in.

[A76]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ77]Added this section

[TJ78]Budgetary controls vs. expenditures tracking?

[A79]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ80]Lowercase these throughout

[TJ81]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ82]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ83]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ84]All electronic now

[TJ85]Needs workshopping and talking through.

[TJ86]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ87]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ88]Rewrite, clearly labeled

[TJ89]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ90]Same comment as above.

[TJ91]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ92]What is there to determine about this? Can we just leave it as SOW?

[A93]Add this to Qualifications above.

[A93]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ94]I think we can continue adding this phrase in.

[A95]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ96]Added this section

[TJ97]Budgetary controls vs. expenditures tracking?

[A98]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ99]Lowercase these throughout

[TJ100]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ101]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ102]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ103]All electronic now

[TJ104]Needs workshopping and talking through.

[TJ105]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ106]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ107]Rewrite, clearly labeled

[TJ108]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ109]Same comment as above.

[TJ110]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ111]What is there to determine about this? Can we just leave it as SOW?

[A112]Add this to Qualifications above.

[A112]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ113]I think we can continue adding this phrase in.

[A114]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ115]Added this section

[TJ116]Budgetary controls vs. expenditures tracking?

[A117]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ118]Lowercase these throughout

[TJ119]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ120]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ121]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ122]All electronic now

[TJ123]Needs workshopping and talking through.

[TJ124]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ125]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ126]Rewrite, clearly labeled

[TJ127]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ128]Same comment as above.

[TJ129]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ130]What is there to determine about this? Can we just leave it as SOW?

[A131]Add this to Qualifications above.

[A131]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ132]I think we can continue adding this phrase in.

[A133]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ134]Added this section

[TJ135]Budgetary controls vs. expenditures tracking?

[A136]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ137]Lowercase these throughout

[TJ138]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ139]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ140]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ141]All electronic now

[TJ142]Needs workshopping and talking through.

[TJ143]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ144]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ145]Rewrite, clearly labeled

[TJ146]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ147]Same comment as above.

[TJ148]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ149]What is there to determine about this? Can we just leave it as SOW?

[A150]Add this to Qualifications above.

[A150]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ151]I think we can continue adding this phrase in.

[A152]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ153]Added this section

[TJ154]Budgetary controls vs. expenditures tracking?

[A155]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ156]Lowercase these throughout

[TJ157]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ158]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ159]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ160]All electronic now

[TJ161]Needs workshopping and talking through.

[TJ162]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ163]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ164]Rewrite, clearly labeled

[TJ165]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ166]Same comment as above.

[TJ167]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ168]What is there to determine about this? Can we just leave it as SOW?

[A169]Add this to Qualifications above.

[A169]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ170]I think we can continue adding this phrase in.

[A171]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ172]Added this section

[TJ173]Budgetary controls vs. expenditures tracking?

[A174]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ175]Lowercase these throughout

[TJ176]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ177]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ178]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ179]All electronic now

[TJ180]Needs workshopping and talking through.

[TJ181]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ182]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ183]Rewrite, clearly labeled

[TJ184]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ185]Same comment as above.

[TJ186]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ187]What is there to determine about this? Can we just leave it as SOW?

[A188]Add this to Qualifications above.

[A188]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ189]I think we can continue adding this phrase in.

[A190]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ191]Added this section

[TJ192]Budgetary controls vs. expenditures tracking?

[A193]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ194]Lowercase these throughout

[TJ195]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ196]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ197]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ198]All electronic now

[TJ199]Needs workshopping and talking through.

[TJ200]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ201]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ202]Rewrite, clearly labeled

[TJ203]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ204]Same comment as above.

[TJ205]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ206]What is there to determine about this? Can we just leave it as SOW?

[A207]Add this to Qualifications above.

[A207]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ208]I think we can continue adding this phrase in.

[A209]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ210]Added this section

[TJ211]Budgetary controls vs. expenditures tracking?

[A212]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ213]Lowercase these throughout

[TJ214]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ215]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ216]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ217]All electronic now

[TJ218]Needs workshopping and talking through.

[TJ219]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ220]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ221]Rewrite, clearly labeled

[TJ222]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ223]Same comment as above.

[TJ224]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ225]What is there to determine about this? Can we just leave it as SOW?

[A226]Add this to Qualifications above.

[A226]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ227]I think we can continue adding this phrase in.

[A228]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ229]Added this section

[TJ230]Budgetary controls vs. expenditures tracking?

[A231]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ232]Lowercase these throughout

[TJ233]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ234]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ235]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ236]All electronic now

[TJ237]Needs workshopping and talking through.

[TJ238]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ239]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ240]Rewrite, clearly labeled

[TJ241]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ242]Same comment as above.

[TJ243]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ244]What is there to determine about this? Can we just leave it as SOW?

[A245]Add this to Qualifications above.

[A245]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ246]I think we can continue adding this phrase in.

[A247]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ248]Added this section

[TJ249]Budgetary controls vs. expenditures tracking?

[A250]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ251]Lowercase these throughout

[TJ252]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ253]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ254]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ255]All electronic now

[TJ256]Needs workshopping and talking through.

[TJ257]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ258]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ259]Rewrite, clearly labeled

[TJ260]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ261]Same comment as above.

[TJ262]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ263]What is there to determine about this? Can we just leave it as SOW?

[A264]Add this to Qualifications above.

[A264]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ265]I think we can continue adding this phrase in.

[A266]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ267]Added this section

[TJ268]Budgetary controls vs. expenditures tracking?

[A269]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ270]Lowercase these throughout

[TJ271]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ272]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ273]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ274]All electronic now

[TJ275]Needs workshopping and talking through.

[TJ276]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ277]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ278]Rewrite, clearly labeled

[TJ279]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ280]Same comment as above.

[TJ281]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ282]What is there to determine about this? Can we just leave it as SOW?

[A283]Add this to Qualifications above.

[A283]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ284]I think we can continue adding this phrase in.

[A285]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ286]Added this section

[TJ287]Budgetary controls vs. expenditures tracking?

[A288]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ289]Lowercase these throughout

[TJ290]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ291]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ292]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ293]All electronic now

[TJ294]Needs workshopping and talking through.

[TJ295]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ296]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ297]Rewrite, clearly labeled

[TJ298]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ299]Same comment as above.

[TJ300]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ301]What is there to determine about this? Can we just leave it as SOW?

[A302]Add this to Qualifications above.

[A302]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ303]I think we can continue adding this phrase in.

[A304]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ305]Added this section

[TJ306]Budgetary controls vs. expenditures tracking?

[A307]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ308]Lowercase these throughout

[TJ309]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ310]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ311]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ312]All electronic now

[TJ313]Needs workshopping and talking through.

[TJ314]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ315]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ316]Rewrite, clearly labeled

[TJ317]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ318]Same comment as above.

[TJ319]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ320]What is there to determine about this? Can we just leave it as SOW?

[A321]Add this to Qualifications above.

[A321]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ322]I think we can continue adding this phrase in.

[A323]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ324]Added this section

[TJ325]Budgetary controls vs. expenditures tracking?

[A326]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ327]Lowercase these throughout

[TJ328]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ329]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ330]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ331]All electronic now

[TJ332]Needs workshopping and talking through.

[TJ333]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ334]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ335]Rewrite, clearly labeled

[TJ336]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ337]Same comment as above.

[TJ338]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ339]What is there to determine about this? Can we just leave it as SOW?

[A340]Add this to Qualifications above.

[A340]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ341]I think we can continue adding this phrase in.

[A342]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ343]Added this section

[TJ344]Budgetary controls vs. expenditures tracking?

[A345]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ346]Lowercase these throughout

[TJ347]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ348]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ349]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ350]All electronic now

[TJ351]Needs workshopping and talking through.

[TJ352]Package electronic files in the same way as they would physical (in order). ONE ZIP FILE (CD would need to confirm if all files will fit into one zip. E.g. page requirements). If not, only allow thumb drive and hard copy.

2 email limit for narrative, 1 for cost

[TJ353]Might be easier to have these submitted in separate emails. Would also allow more space per email for each proposal. See proposed language in b.

[TJ354]Rewrite, clearly labeled

[TJ355]I think we can delete the hard copy instructions and just use these instructions if we intend on making the electronic copy the original copy moving forward.

[TJ356]Same comment as above.

[TJ357]Do we want to delete this from the model given the feedback from the Managed Care procurement saying this was redundant of the table of contents requirement below?

[TJ358]What is there to determine about this? Can we just leave it as SOW?

[A359]Add this to Qualifications above.

[A359]History: in a previous RFP, a protester argued that there was no time frame from when the years’ experience was to be gauged from.  We added the following language to wit: All experience must have occurred with the past five (5) years from the date the Proposal is submitted, throughout the RFP where this type of language existed.

[TJ360]I think we can continue adding this phrase in.

[A361]Match the language from the answers OLS provides to the questions about experience (asked in comment above).

[TJ362]Added this section

[TJ363]Budgetary controls vs. expenditures tracking?

[A364]JT: Check with Pat and Courtney to ensure this matches up with their procurement timeline.

[TJ365]Lowercase these throughout

[TJ366]8/19: Asked Nathan how we determine these numbers. Pending response.

[TJ367]Nathan responded. Looks like a lot goes into choosing the right numbers for this section. I would recommend creating a separate guide on this and referring analysts and program to that guide.

[TJ368]Are we moving towards electronic signatures only? If not, I can re-add back in the line about blue ink.

[TJ369]All electronic now